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COMMONWEALTH OF PENNSYLVANIA 

PAMPHLET 

CONTAINING THE 

Game, Fish and Forestry Laws 



This pamphlet Is published but once In two years, a single ed'tion being 

printed, and that edition is limited in numbers by the Joint Besolu- 

tion of the Senate and House directing its publication. 



EDITED BY SETH E. GORDON 

Acting Secretary of the Game Commission, 



1919 



HARRISBURG, PA.: 
J. L. L. KUHN, PRINTER TO THE COMMu^> «VF .^rH 

1819. 



.^^ 




1^ 




COMMONWEALTH OF PENNSYLVANIA Zqlk.>J^,^^ 



PAMPHLET 



CONTAINING THE 

Game, Fish, and Forestry Laws 



This pamphlet is published hut once in two years, a single edition being 
printed, and that edition is limited in niunbers by the Joint Resolu- 
tion of the Senate and House directing its publication. 



EDITED BY SETH E. GORDON 

Acting Sccrctari/ of the Game Commission. 



1919 



HARRISBURG, PA.: 
J. L. L. KUHN, miNTER T^ THE COMMO]N'AVEALTll: 

1919. 



^\1 



DIVISION 1. Page 9 

Contains laws or parts of law treating of Game, of Song and 
Insectivorous Birds. 



DIVISION 2. Page 153 

Contains laws or parts of laws treating of Pish only. 

DIVISION 3. Page 265 

Contains laws pertaining to Forestry. 

A collection of Leading Decisions relative to Game and Fish 
Laws is printed, beginning on page 239. 

The Game Commission is entrusted with the care of Game and 
Wild Birds. 

The Department of Fisheries is charged with the protection of 

Fishes. 

The Forestry Department has control of Forestry. 

The work of each is separate and distinct. 

A summary of the laws bearing upon tliese subjects and separate 
index is attached. 

Please read the letter beginning on page 5. 



% 



(2) 






A JOINT RESOLUTION 

Directing the publication of the pamphlet containing the Game, 

Fish, and Forestry Laws. 

Section 1. Be it resolved (if the Senate concur) , 
That the Secretary of the Board of Game Commis- 
sioners of the Commonwealth be, and is hereby, di- • 
rected to prepare the data, and, as soon as possible 
after the close of its session, present the same to the 
Superintendent of Public Printing, who shall, at the 
expense of the State, have published in pamphlet form 
one hundred thousand (100,000) copies of said laws, 
together with such letter of instruction or explanation 
by those entrusted with the care of our game, our 
forests, and our fish, as may seem necessary; these 
pamphlets to be placed by the Division of Distribution 
of Documents in numbers as provided by law. 

Approved— The 10th day of July A. D. 1919. 

WM. C. SPROUL. 



(3) 




(4) 



LETTER OF TRANSMITTAL. 



In the minds of those who have to do with the forestry, the 
fish, und the game interests of this Commonwealth, those that 
have given these subjects careful and thoughtful study, each of 
them in itself seems to occupy such a place in the makeup of the 
individual life of so many people and are jointly so interwoven 
with each other and the general prospe^-ity of our State, as to 
make even their prospective loss appear \v the light of a calamity ; 
a condition that if once established will be extremely hard, if not 
impossible, to overcome, and that will bring serious, very serious, 
results in its train. 

It has long since been determined that growing timber, forest, 
shade and fruit trees were absolutely necessary to the healthful 
enjoyment of this life ; that the product of growing timber is 
absolutely necessary to the success of mechanical pursuits: that 
upon the preservation or reproduction of our forests depends our 
continuous water su^iply, our protection from drought, as well as 
our defense against excessive floods. 

It is desired to call particular attention to two statutes re- 
lating to forests and forestry. The first is the municipal forest 
law, which permits municipalities to purchase forest land for the 
purpose of revenue, using the returns for such municipal pur- 
poses as may be necessary ; and the other is the forest fire 
wardens act, completely changing the system of fire fighting in 
this Commonwealth. These acts will be found at pages 295 and 32L 

Forests, aside from their other uses, are absolutely necessary to 
the well-being of the greater part of our game and wild bird life. 
In the forests tliese creatures find permanent homes, and tem- 
porary shelter from storms and from their enemies. The forest 
supplies a varied and frequently ample food supply that can 
be secured from no other source. It is therefore important that 
everybody, and es^pecially sportsmen, and lovers of our wild life, 
should see to it that our forests are protected and preserved. 
Forest fires should be especially guarded against. What is the 
use of planting trees or of protecting for a period those trees that 
may spring up naturally and then stand idly by and see those 
same trees destroyed by fires. The Department of Forestry, no 
matter how willing or energetic they may be, find it impossible 
to do everything ; they beg of you to help them, to keep down 
forest fires, everywhere in the Commonwealth. 

(5) 



6 GAME, FISH, AND FORESTRY LAWS. 

How much better it would have been for this Commonwealth 
had the subject of forestry, with all that word covers, been in- 
telligently considered and acted upon fifty years ago instead of 
to-day. 

How much better it would have been had the people of this 
Commonwealth, and of this Nation, endorsed the idea of game, 
and wild bird preservation, and of fish protection and propagation, 
fifty years ago instead of at this time. 

It has been said that the benefit derived by a day afield with 
rod, or gun, by the tired, or worn out, indoor worker, is some- 
thing that cannot be correctly expressed in words or figures. 
Physical exercise and forgetfulness of daily worry and business 
care being their reward in return of health, and there is no in- 
centive in this direction that begins to take the place of the 
pursuit of game or fish. Any one who ever hooked a two-pound 
bass, or used an artificial fly, can realize what total forgetful- 
ness of business cares means ; how from the moment the strike 
was made the circulation quickened and all thought of the World 
outside was forgotten, until that fish was landed ; how in anticipa- 
tion of a strike every cast of the fly took his whole attention. 
No one can forget the flushing of that wild turkey or of that 
pheasant, or of that convey of quail, or how bunny sprang out 
most unexpectedly and how in absolute forgetfulness of all beside, 
he took that needed and continued exercise in their pursuit, that 
nothing besides would have caused him to take, and how in rest- 
ful oblivion he passed the night without even a dream of business 
cares. 

The Department of Health was created for the purpose of ocn- 
serving the health of our people. Sanitariums are everjrwhere 
being erected and maintained, in the hope of curing those who 
are ailing. Our idea is make an open park of all the wild lands of 
this Commonwealth, a place in which our people of all classes 
can find pleasure and maintain their strength ; where the well 
and strong can enjoy an outing that will keep them well and 
make them stronger; where those who are starting on the road to 
shattered nerves, and inability to meet the demands they are called 
upon to face, can strengthen their hold on all those things that 
fit men the better to meet the requirements of their everyday battle 
with the World. 

The presence of game or fish is a lure to strenuous outdoor 
exercise, that means better health to those who hunt or fish, 
and therefore better citizenship. To us, hunting or the punsuit of 
game does not appear simply in the light of recreation, or pleasure, 
nor does it appear as a waste of time ; hut instead is in every 
sense of the word a National necessity. 

The ability acquired by young America in the pursuit of game, 
in the handling of the gun, in taking ca^v of himself in the field, 
or in the forests, or on the water, has made it possible for our 



GAME, FISH, AND FORESTRY LAWS. 7 

Volunteers to become, with limited discipline and drill, the equal 
of any Regular on the face of the Earth. I cite as illustration the 
work done by riflemen during the war of the Revolution; by 
Jackson's men at New Orleans ; the efficiency of our own Penn- 
sylvania Bucktails during the late Civil War; the work of the 
Boer with the gun in South Africa, where 1,000 men, who knew 
how to shoot and to shift for themselves, appeared to be the 
equal of many thousands of men who did not possess that ability ; 
and the exceptionally fine record made by the Pennsylvania boys 
in the late war with the Germans. Under our system of Govern- 
ment and present conditions the efficient volunteer is our bulwark 
of defense in the time of War, and this State owes it to itself, 
for this reason, if for no other, to supply its young men with the 
incentive of this training in the shape of game, without which they 
cannot and will not be fitted to meet Lhe demands made upon 
them. 

This book contains a compilation of the laws of this Common- 
wealth upon the subjects of forestry, fish, and game ; and it is tho 
most earnest desire of those entrusted with the care of these sub- 
jects that every resident of this Commonwealth awake now to the 
realization of the fact that their individual help is needed to pro- 
tect these interests. No one, it seems to us, has attained position 
in this State that places him above having a personal interest in 
these matters and no one occupies a position so lowly that his in- 
fluence cannot be of value. Every community should have an org- 
anization for forestry, fish, and game protection, and we hope the 
laws contained in this little book will be read and re-read, not by 
hunters and fishermen only, but by every individual in the State 
who has her interests truly at heart ; who, if they will but one 
moment think upon these subjects, cannot fail to recognize that 
every step taken for the protection of our forests, our fish and our 
game and our wild birds other than game birds, is a step in the 
right direction and one that cannot fail to be of benefit to the Com- 
monwealth. 

It is impossible to secure laws that in ail respects suit everybody. 
We believe the acts contained in this book are fair and reasonable 
and just in most respects, and are worthy of the highest regard 
and entitled to the full support of all law-abiding citizens. They » 
were passed for the purpose of benefiting all the people of this 
Commonwealth. Neither of the Departments entrusted with the 
care of these subjects is powerful enough in itself to enforce the 
laws as they should be enforced. Neither of these Departments, 
without the help of the people, can secure results such as are de- 
sired. We need your individual support. We want that help. 
We feel that we are working for your benefit and are entitled to 
that support. We beg of you to help yourself and your community 
by aiding us in this work. 



8 GAME, FISH, AND FORESTRY LAWS. 

iDdividual effort in behalf of these subj'icts is well enough, and 
much good has already and will hereafter result from such efforts. 
Organization for the purpose of advancing these interests is still 
better. We would like to see an organization for one or all of 
these purposes combined in every community of this Common- 
wealth. 

Respectfully yours, 

SETH E. GORDON, 

Acting Secretary, Game Commission 



GAME, FISH, AND FORESTRY LAWS 



DIVISION 1 

CONTAINING LAWS OR PARTS OF LAWS 
TREATING OF GAME, OF SONG. AND IN- 
SECTIVOROTTS BIRDS. 



AN ACT 

To provide for the appointment of Game Coniniis- 
sioners for the Commonwealth of Pennsylvania, de- 
fining their duties and empowering thorn to appoint 
Game Protectors. 

Section 1. Be it enacted, &c., That the Governoj* 
of the Commonwealth is hereby authorized and re- 
(luired to appoint, subject to the approval of the 
Senate, six competent citizens of this State to be 
an act as a Board of Game Commissioners, no two 
of whom shall be from the same Senatorial district, 
and shall, upon said appointment designate which 
two of said persons shall receive and hold office dur- 
ing the terra of one year, which two of said persons 
shall receive and hold office during the term of two 
years, and which two of said persons shall receive and 
hold office for the term of three years. 

Upon the death, resignation or removal from office 
of any pei*sons so appointed as aforesaid, the Gover- 
nor shall appoint a competent person to serve for 
the unexpired term of the person so dying, resigning 
or removed, subject to the approval of the Senate at 
its next meeting, if such meeting shall be before the 
expiration of the term of office of such appointee. 

Upon the expiration of the term of the officers so 
appointed and designated under the provisions of this 
act, their successor shall be appointed in manner 
aforesaid for the term of three years so that there 
shall not bo more than two vacancies at any one 



Jxuie 25, 
1895, p. 
273 



L. 



AppointiiMiit 
of Board of 
Game Com- 
missioners, 
authorized. 



Terms of 
first ap- 
pointees. 



Vacanry. 
how filled. 



(9) 



10 



GAME, FISH, AND FORE>STRY LAWS. 



I'ull tcnii 
.^luill be 
throe years. 
No compen- 
sation for 
jsers'ices. 

Office of 
Board. 

greetings. 

I >uties of 
IJoard in 
protection of 

same. 



In collection 
of fctatistlGS. 



Koop re- 
jiorts, &c. 

Annual re- 
port to G©T- 
ernor. 



Contents <>f 
report. 

Govemor 
!-hall present 
report to 
Legislature. 

Game 
inotectors. 

Number. 



time in such commission, and the term of two com- 
missioners shall expire thereafter each year. The 
commissioners shall receive no compensation for 
their services. 

Section 2. The Board of Game Commissioners 
shall have an office in the Capitol, at Harrisburg, 
Pennsylvania, and shall hold meetings at such office 
on the first Thursday of January and July, and at 
such other times and places within the State as the 
commissioners shall appoint for the transaction of 
business. It shall be the duty of said Board to pro- 
tect and preserve the game, song and insectivorous 
birds and mammals of the State, and to enforce, by 
proper action and proceedings, the laws of this Com- 
monwealtli relating to the same. It shall be the duty 
of said board to collect, classify and preserve all such 
statistics, data and information as, in their judgment, 
will tend to promote the objects of this act, to take 
charge of and keep all reports, books, papers and doc- 
uments which shall, in the discharge of their duties 
hereunder, come into their possession or under their 
control. 

It shall be the duty of said Board, on or before the 
first Monday in December of each year, to prepare 
and present to the Governor of this State an annual 
report, showing what has been done by them during 
the current year, the amount received by them, and 
from what sources, and the amount expended by them, 
and for what purposes, with such recommendations 
for legislative action, if any, as the said board may 
(libera wise for the better accomplishment of this act. 
I'he Governor shall lay said reports before the Legis- 
latures convening next after their receipt. 

Section 3, as amended by the Act of July 12th, 
1919, P. L. 932. 



Section 



Tlie Board of Game Commissioners 



Chief Game 
Protector 
shall be 
Secretary of 
the Board. 



shall have the power and authority to appoint eighty 
(80) competent men, if so many be needed to prop- 
erly discharge the duties devolving upon said Board, 
whose powder and duties are hereinafter defined, and 
who shalT be known as Game Protectors, which num- 
ber shall include such men as may be appointed Game 
Protectors and detailed to office duty. The said 
Board shall, from time to time, designate one of such 
Protectoi*s as Chief Protector, who shall remain such 
during tte pleasure of the Board, and who shall have 
the direction, supervision, and control of the other 



GAME, FISH, AND FORESTRY LAWS. 



11 



I'l-otectors. The Chi<4' (inme Protector shall be 
Secretary to the Board of Game Commissioners, and 
shall occupy as his permanent headquarters the 
rooms assigned to the Game Commissioners at the 
Capitol, at Harrisburg. Said Secretary shall have 
authority to have printed, at the expense of the 
State, the annual report of the Board of Game Com- 
missioners to the Governor, and such other bulletins 
:is, in the opinion of said Board, may be necessary 
i(» its work. 

Section 4. Game Protectors so appointed shall hold 
oHice during the pleasure of the Board of Game Com- 
inissionei's, which may summarily remove any of their 
number and appoint another in his place. The Game 
Protectors shall enforce all the game laws of the 
State and the provisions supplementary thereto, and 
shall have full power to execute all warrants and 
search warrants issued for the violation of the game 
law, and to serve subpoenas issued for the examina- 
tion, investigation or trial of all offenses against said 
laws; each Protector shall keep a record of his official 
acts, receipts and expenditures and at the close of 
each month make summary of such record, with such 
statements in detail as shall be necessary for the 
information of his Chief, and report the same to the 
(^hief Protector under oath. The Chief Protector 
shall report to the Board of Commissioners any negli- 
gence or dereliction of duty or incompetency on the 
]»art of any of the Protectors, with the facts relating 
tliereto, and he shall report monthly to said Commis- 
sioners the operations of his department during the 
l)roceding month, and shall make such further re- 
ports as may be required by the Board of Commis- 
sioners. 



Aumiiil re- 
port and 
bulletins. 



Protectors 
shall hold 
office at 
pleasure of 
Board. 



Shall en- 
force game 
laws. 

Serve sub- 
poenas. 

Shall keep 
record of 
official acts, 
&c., and re- 
port under 
oath. 

Chief Pro- 
tector shall 
report negli- 
gence on 
part of Pro- ' 
tectors. 

Shall make 
montlily re- 
port. 



Approved— The 25th of June, A. D. 1805. 

DANIEL H. HASTINGS. 



12 



GAME, FISH, AND FORESTRY LAWS. 



MiU-cli 2'J 
1S09, P. 
17. 



I,. 



Coiistaliles 
to be cx-olfi- 
fio fire, 
jjaiue and 
fish war- 
dens. 



Duties of , 
wardens. 



May arrest, 
M ithout 
\\:trrant. 



Arrests may 
l>e made on 
Sunday. 



l^ower with- 
out wa rrant 
to search 
and examine. 



To seize and 
take posses- 
sion of same 
and fish. 



AN ACT 

Making constables of townships and boroughs ox- 
officio fire, game and fish wardens, prescribing their 
powers and duties, fixing their fees as wardens, and 
prescribing their punishment for failure to perform 
their duties. 

Section 1. Be it enacted, &c., That from and aft<'r 
the passage of this act the constables of the various 
wards, boroughs and townships of the Commonwealtli 
shall be ex-officio fire, game,* and fish wardens. 

Section 2. It shall be the duty of said fire, game 
and fish wardens to enforce all statutes of this State 
now in force, or that hereafter be enacted, for the 
protection of forests and timber lands from fire, and 
for the protection and propagation of game, game 
birds, game mammals, song and insectivorous birds, 
and fish, and said constables or wardens shall have 
authority to arrest without warrant any person or 
persons caught by them in the act of violating any »>f 
the aforesaid laws for the, protection of forests and 
timber lands, game, and food and game fish, and 
take such person or persons forthwith before a ju.s- 
tice of the peace or other magistrate having juris- 
diction, who shall proceed without delay to hear, 
try and determine the matter. Such arrests m'ay be 
also made on Sunday, in which case the person or 
persons arrested shall be taken before the proper 
oflicer, and preceeded against as soon as may be on 
a week day following the arrest. 

Section 3. Said constables or wardens shall have 
power without warrant to search and examine any 
boat, conveyance, vehicle, fish box, fish basket, game 
bag or game coat, or other receptacle for game or 
fish, when they have good reason to believe that any 
of the laws for the protection of forests and timber 
lands, game and fish, have been violated ; and the 
said constables shall at any time seize and take pos- 
sessinn of any and all birds, animals or fish, whicli 
have been caught, taken or killed at any time, in a 
manner or for a purpose, or had in possession or 
under control, have been shipped or are about to be 

*S» far as it relates to constables as ex-officio fire wardens, 
this act is repealed. 



GAME, FISH, xVND FORES^PRY LAWS. 



13 



shipped, contrary' to any of the laws of this State. 
Any court having jurisdiction of the offense, upon re- 
receiving proof of probable cause for belicveing in 
tlie concealment of any bird, animal or fish, caught, 
taken, killed, had in possession, under control or 
shipped, or about to be shipped, contrary to law, 
shall issue a search warrant and cause a search to 
be made in any place, and to that end may, after 
demand and refusal, cause any building, enclosure or 
car to be entered, and any apartment, chest, box, 
locker, crate, basket or package, to be broken open 
and the contents thereof examined by said constable. 
All birds, animals or fish, or net, or fishing ap- 
pliances, or apparatus, stdzed by any constable or 
warden, shall be disposed of in such manner as may 
be directed by the court before whom the offense is 
ti-ied, and such constables or warden shall not be 
liable for damages on account of any such search, 
examination or seizure, or the destruction of any nets 
or fishing apparatus of any kind in accordance with 
the provisions of this act. 

Section 4. Any constable or warden, upon the ar- 
rest and prosecution of any offender to conviction 
under the provisions of this act, shall, in addition 
to the fees to which he may be entitled under exist- 
ing laws, be paid for his services the sum of ten 
dollars on a warrant drawn by the county commis- 
sioners on the county treasurer one-half of which 
shall be paid out of the treasury of the respective 
county, and the remaining half of said reward shall 
be paid by the State Treasurer into the treasury 
of said county, out of moneys not otherwise appro- 
priated, ui)on warrant from the Auditor General, but 
no such warrant shall be drawn until the respective 
county commissioners shall have first furnished, under 
oath, to the Auditor General, a written itemized 
statement of suck expenses, and until the same is 
approved by the Auditor General : Provided, That 
no county shall be liable to pay for this purpose in 
any one year an amount exceeding five hundred dol- 
lars. 

Section 5. Each of said constables or wardens 
shall, for the purpose of this act, have concurrent 
jurisdiction thi-oughout his own proper county ; and 
rhey shall in the first week in each term of the court 
of quarter sessions of their respective counties, make 



Courts may 
issue sea rch 
^varrauts. 



Property 
seized to be 
disposed of 
as dii-ected 
by the court. 

Constal)k'S 
not liable 

lor damages. 

Constables'" 
or Avardens 
to be pai;l. 



Amount. 



How paid. 



Proviso. 



Constables 
or wardens 
to have 
concurrent 
jurisdiction. 



14 



GAME, Fi5h, and FORESTRY LAWS. 



To mako 
special re- 
turns to 
court. 



Duty •f the 
court. 

Neglort 0!' 
refusal of 
constables a 
misde- 
meanor. 



Pemalty. 



Repe«I. 



special returns to said court, under oath, of all vio- 
lations occurring in their respective townships, or 
which maj' come or be brought to their notice, of 
any of the provisions of any law now in force, or 
that may hereafter be enacted, for the protection of 
forests and timber lands, game and fish ; and it shall 
be the duty of the judge of said court to see that 
such returns are faithfully made, and any constable 
or warden wilfully neglecting or refusing to make 
such returns, or to prosecute any offense under said 
laws of which he shall have personal knowle<lge or of 
which he shall have notice in writing by any citizen, 
giving the name of the offender together with the 
names of the witnesses, shall be guilty of a misde- 
meanor, and upon conviction thereof be sentenced to 
pay a fine of fifty dollars, or to undergo an imprison- 
ment in the county jail for two months, both or either 
at the discretion of the court. 

Section 6. All sections, provisions, acts or parts 
of acts inconsistent with this act, or any section of 
it, are hereby repealed. 

Approved— The 22nd day of :March, A. D. 1890. 

WTLEIAM A. STONE. 



Mav 21. 
1901, P. L,. 
266. 



A SUPPLEMENT 

To an act, entitled "An act to provide for the ap- 
pointment of Game Commissioners of the Common- 
wealth of Pennsylvania, defining their duties, and 
empowering them to appoint Game Protectors," ap- 
proved the twenty-fifth day of June, Anno Domini 
one thousand eight hundred and ninety-five ; ex- 
tending the powers of said Protectors, making dis- 
position of fines received by them, and regulating 
their pay. 

Section 1. Be it enacted. &c.. That from and after 
the passage of this act the Game Protectors appointed 
by virtue of the provisions of the act, entitled "An 
act to provide for the appointment of Game Commis- 
sioners for the Commonwealth of Pennsylvania, de- 
fining their duties, and empowering them to appoint 
Game Protectors," approved the twenty-fifth day of 
June, Anno Domini one thousand eight hundred and 
ninety-five shall have, in addition to the powers con- 



GAME, FISH, AND FORESTRY LAWS. 



15 



forrod upon them by said act, the authority to arrest 
without warrant any person or persons found by 
thera in the act of violating any of the laws of this 
Commonwealth now in force, or that may hereafter 
be enacted for the protection of game, of song and of 
insectivorous birds, aud take such person or persons 
forthwith before a justice of the peace or other magis- 
trate having jurisdiction, who shall proceed without 
delay to hear, try and determine the matter; such 
arrest may also be made on Sunday, in which case 
the person or persons, so arrested, for safe keeping 
may be committed to the jail for that day, but shall 
be taken before tlie proper magistrate and proceeded 
against as soon as may be on a M'^eek day . following 
the arrest. 

Section 2. Said Game Protectors shall have power, 
without warrant, to search and examine any boat, 
conveyance, vehicle, game-bag, game-coat, or other 
receptacle for game, when they have good cause to 
believe that any of the lav>rs of this Commonwealth 
for the protection of game, of song or of insectivorous 
birds, have been violated : and the said game protec- 
tors shall, at any and all times, have the right to 
seize and take possession of any and all birds or ani- 
mals which have been caught, taken or killed, at any 
time, in a manner or for a purpose, or had in posses- 
sion or under control, have been shipped or about to 
be shipped, contrary to any of the laws of this Com- 
monwealth. Any court having jurisdiction of the 
offense, upon receiving proof of the probable cause 
for believing in the concealment of any bird or animal 
caught, taken, killed, had in possession, under con- 
trol, shipped or about to be shipped contrary to any 
laws of this Commonwealth, shall issue a search wai- 
rant, and cause a search to be made in any place ; 
and to that end may, after demand and refusal, 
cause any building, enclosure or car to be entered! 
and any apartment, chest, locker, box, trunk, crate, 
basket, bag or package, to be broken open and tlie 
contents thereof to be examined by said Protector. 
All birds or animals classed as game, found therein 
in violation of law, shall be seized by the protector 
making the search, who shall, as soon as may be 
thereafter, forward said game to the nearest hospital, 
for the use of the sick or injured therein! ; the bodies 
or parts of bodies of all song or insectivorous birds, 
so taken, shall, unless needed for evidence, be de- 



May arrest 
without war- 
rant. 



In case of 
arrest on 
Sunday! 



Search and 
examination 
without 
warrant. 



Seizure of 
game. 



Search war- 
rant. 



Game seized 
to be for- 
warded to 
the nearest 
hospital. 



1(5 



GAME, FISH, AND FORESTRY LAWS. 



CiiiiKs and 
iippliatH't's 



iiUftion. 



Securing; of 
('\i(lciici'. 



(liinio to be 
forwarded to 
lius;)jtal. 



hit( ilereuce 
with Game 
Protectors. 



Aid in 
inakiiifi ai'- 
rests. 



("om])ensa- 
tioii of 
(JaiDe Pro- 
tectors. 

Expen.se.':. 

All lilies and 
penalties to 
lie turned 
over to 
Game Com- 
niijssion. 

Proviso. 



.stioyod ; all guns, gunning appliances, sbootiug ap- 
paratus, trap or gunning apparel, found in said 
receptacle or receptacles, where the search warrant is 
issued against a non-resident, shall be seized by said 
Protector, and held, subject to the payment of the 
maximum penalty attached by law to the offense 
charged, and the costs of prosecution ; said goods to 
be sold at public auction, after the lapse of twenty 
(hiy.s from the date of seizure, and failure of the 
r('])uted owner to appear and defend himself against 
the charges preferred ; and such Game Protector or 
Protectors shall not be liable for damages on account 
of any arrest, search, examination, seizure or sale, 
made in accordance with the provisions of this act. 

Section 3. Any of the ('ame Protectors of this 
State shall have the right, for the purpose of securing 
evidence wherewith to convict of violations of the 
game law, to purchase or sell game, the purchase or 
sale of which is otherwise forbidden, and shall not be 
liable to any of the fines or penalties imposed by law 
for tlie purchase or sale of game. All game re- 
maining in the hands of a Protector, after the pur- 
pose for which it was procured shall have been ac- 
complished, shall be forwarded to the nearest hos- 
pital for the use of the sick or injured therein. 

Section 4. Any person or persons interfering with 
any of the Game Protectors of this Commonwealth 
in the discharge of their duties, or resisting arrest, 
shall be liable to a penalty of one hundred dollars, 
or be imprisoned in the county jail for a period of 
one day for each dollar of penalty imposed. Any 
game protector is hereby authorized to call to his aid 
any citizen or citizens of tliis Commonwealth, for 
assistance as needed in making an arrest. 

Section 5. That the Game Protectors, so ap- 
pointed, shall receive salary or pay per day, as may 
be agreed upon by the Game Commission, with ex- 
penses not to exceed two dollars per day outside 
of traveling expenses ; said expense account to be 
itemized and presented under oath. All moneys com- 
ing to any Game Protector as his part of any fine or 
penalty, under existing law. wherein he is the prose- 
cutor, shall belong to the Game Commission, and 
shall be surrendered by said Protector to the Secre- 
tary of the said Commission for its use : Provided, 



GAME, FISH, AND FORESTRY LAWS. 



17 



That the combiiK'd expense account of the Game 
Commission shiill not exceed the amount set apart 
by law to their vise. 

Section 6, All acts or parts of acts inconsistent Repeal, 
with this act are hereby repealed. 

Approved— The I'lst day of May, A. D. 1001. 

WILLIAM A. STONE. 



AN ACT 

To prohibit the capture or killing of beaver wnthin 
the Commonwealtli of Pennsylvania, and providing 
penalties for the \iolation of its provisions. 

Section 1. P>e it enacted, &c.. That from and after 
the passage of this act, it shall be unlawful to kill or 
capture, or to attempt to kill or capture, any beaver 
within this Commonwealth. 

Section 2. ^ Any person violating any of the pro- 
\isions of this act .shall be liable to a penalty of 
one hundred dollars for each offense; or, in default 
for the payment thereof, with the costs of prosecu- 
tion, to undergo an imprisonment, in the jail of the 
county whei*e the offense is committed, of one day for 
each dollar of penalty imposed ; and the possession of 
any beavei"^ or of the fresh skin or any portion of the 
fresh skin or carcass of such animal, shall be prima 
facie evidence of a violation of this act by the person 
or persons in whose possession the same shall have 
been found. 

Section 3. For the purposes of this act, the beaver 
shall be classed as game in this Commonwealth ; and 
it is hereby made the duty of all officers of the State, 
entrusted with tlie protection of game, to see that the 
provisions of this act are enforced. All prosecutions 
for violation of the provisions of this act shall be 
brought, and the course of proceeding followed, as 
prescribed by section twelve of an act. entitled ''An 
act to provide for the protection and preservation 



March 17, 

190;:, r. 

28. 



Unlawful to 
kill or cap- 
ture beaver. 



Fine. 



luiprison- 
mnit. 



Prima facie 
evidence. 



Beaver 
cla.sse(l as 
"game." 

Duty of 
game war- 
dens, etc. 

Prosecu- 
tions. 



18 



0AME, FISH, AND FORESTRY LAWS.^ 



of £>nrii(\ same quadrupeds, gamo birds, et cetera," 
approved the fourth day of June. Anno Domini one 
thousand eight hundred and ninety-seven. 

Approved— The ITtTi day of March, A. D. 1003. 

SAML. W. PENNYPACKER. 



Apiil 16. 
196.", r. L. 
21S. 



Officers 
whose duty 
it is to en- 
forcG saiB<> 



Record 
costs. 

Tlie county s 

liability 

thcipfor. 



AN ACT 

FixiiiS the liability for record co^ts, in cases where 
Officers, whose duty it is to enforce the game laws 
of this Commonwealth, fail, for any legal cause, 
to receive the same from the defendant. 

Section 1. Be it enacted, &e., That from and after 
tlic passage of this act, whenever any officer of this 
Commonwealth, whose duty it is by the laws of this 
State to protect our game, our song or our insec- 
tivorous birds, shall in good faith, bring suit for vio- 
lation of any of the laws relative to these subjects, 
and for any legal cause shall fail to recover the costs 
of record, the same shall be a charge upon the proper 
county, and shall be audited and paid as are costs 
of like character in said county. 

Approved— The 16th day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



July 9, 1001, 
P. L. 612. 



Hunting and 
trapping- of 
game birds 
and animals 
on inclosed 
or cultivated 
lands. 



Trespass. 
Fine. 



AN ACT 

Making it wilful trespass to hunt, trap and take game 
birds or game animals upon cultivated lauds, and 
providing for the punishment of such trespass. 

Section 1. Be it enacted, &c., That on and after 
the passage of this act, any person or persons tres- 
passing on any cultivated lands in this Common- 
wealth, for the purpose of hunting and trapping and 
taking therefrom any game birds or game animals, 
after public notice by the owner, lessee, or occupant 
thereof, such notice to be posted on, and adjacent 
to such cultivated lands, shall be guilty of wilful 
trespass, and in addition to the damages recoverable 
by law shall be liable to the owner, lessee, or occu- 
pant in a penalty not exceeding five dollars for each 
and every such offense. 



GAME, FISH, AND FORESTRY LAWS. 



19 



Section 2. Any justice of the peace or alderman, 
upon information or complaint made before him, by 
affidavit, of the violation of the provisions of this 
act by any person or persons, is hereby authorised 
and directed to issue his warrant, under his hand 
and seal, directed to any constable or warden of the 
county, to cause such person or persons to be ar- 
rested and brought before said justice or alderman, 
who shall hear and determine the guilt or innocence 
of the person or persons so charged ; and if con- 
victed of such wilful trespass, shall be sentenced, 
by such justice or alderman to pay a penalty, not 
exceeding five dollars, together with costs, one-half of 
such penalty shall be paid to the owner, lessee or 
occupant of said land and the remaining half to the 
school district of the city, borough or township 
wherein such offense was committed ; and if the per- 
son or persons, so convicted and sentenced, shall 
neglect or refuse to pay such penalty and costs, or 
secure the payment thereof within ten days, he or 
they shall be committed to the common jail of the 
proper county for a period not exceeding three 
months. 

Section 3. If any person or persons, convicted and 
sentenced under the provisions of this act, shall feel 
aggrieved thereby, he or they may appeal to the court 
of quarter sessions of the peace for the county lu 
which the offense was committed, by entering Mit\'; 
recognizance, with sureties to be approved by the 
justice or alderman, to appear before said court ; 
which court shall hear the evidence and determine 
the guilt or innocence of the person or persons so 
charged, and on conviction of the defendant or de- 
fendants charged and fi failure to pay such penalty 
and costs imposed by the act, shall commit said de- 
fendant or defendants to the common jail of the 
county, for a period not exceeding three months. 

Approved— The 9th day of July, A. D. 1901. 

WILLIAM A. STONE. 



Warrant. 



Hearing. 



Fine. 



Penalty. 



Appeal. 



I'rinl. 



This is not a game law and is published in this pamphlet 
only as a matter of information to sportsmen. See trespass 
Act on page 20. 



20 GAME, FISH, AND FORESTRY LAWS. 

AN ACT . 

April 14, Making it unlawful to trespass upon lanil posted as 

1905, P.' L. Private property, and providing the penalty there- 

169. of. 

Trespass "Section 1. Be it enacted, &c., That from and 

after the passage of this act, it shall be unlawful 
for any person wilfully to enter upon any land, 
within the limits of this Commonwealth, where the 
owner or owners of said land has caused to be promi- 
Upoii posted nently posted upon said land printed notices that the 
I'lnti- said land is private property, and waruing all per- 

sons from trespassing thereon, under the penalty pro- 
vided in this act. 
Fine and Section 2. Every person violating the provisions 

i.<%)(ii<y. of this act shall be liable to a penalty of not exceed- 

ing ten dollars, together with the costs of prosecu- 
tion, to be recovered before any magistrate or justice 
of the peace as fines and penalties are by law re- 
coverable ; and, in default of payment of said fine 
and costs, the party convicted shall be committed 
to the county jail of the proper county, for one day 
of each dollar of fine imposed. 

Section 3. All penalties recovered under this act 
shall ha paid to the school fund of the district in 
which the trespass w^as committed. 

Approved — The 14th day of April, A. D. 19()5. 

SAML. W. PENNYPAGKER. 

*Thls is not a game or fis'a la^v and is i)"nted in this 
pamphlet only as a" matter of information to sportsmen. 



AN ACT 



.\prii 18, To provide for the appointment of Special Deputy 

i90.'>, P. L. Game Protector^?, for the Commonwealth of Penn- 

-^^- sylvania, and defining their duties and powers. 

Special Section 1. Be it enacted, &c.. That from and after 

Deputy Game the passage of this act, the Board of Game Com- 

Protectors. missioners of this Commonwealth shall be empowered 

to appoint, at their discretion, competent men 

throughout the Commonwealth, to be known as 

Special Deputy Game Protectors, who in nil ways 



GAME, FISH, AND FORESTRY LAWS. 



21 



shall possess the rights and powers now given by law 
to Game Protectors, and be subject to all require- 
ments and regulations, either of the law or of rules 
of the Board of Game Commissioners, controlling the 
action of such Game Protectors in this Common- 
wealth : Provided, Such Special Deputy Game Pro- 
tectors shall in no way be entitled to recompense from 
either the county or Commonwealth for services ren- 
dered or expenses incurred in the performance of 
their duties. 

Approved— The 18th day of April, A. D. 1905. 

SAML. W. PENNYPACKER. 



Riglits and 
powers. 



Proviso. 



AN ACT 



Prohibiting the 



,e of automatic guns, for the kill- 
ing of game or wild birds within this Common- 
wealth, and prescribing a penalty for violation of 
its provisions. 



May 

19117, 
329. 



r. 



Section 1. Be it enacted, &c.. That from and after Automatic 
the passage of this act, it shall be unlawful for any guns- 
person to use what is commonly kriown as an auto- 
matic gun for the killing of game in this Common- Kining of 
wealth. Each and every person violating any provi- game." 
sion of this section shall be liable to a penalty of fifty violations, 
dollars for each offense, or shall suffer an imprison- 
ment in the common jail of the county for a period of 
one day for each dollar of penalty imposed. 

Section 2. Each and every magistrate, alderman, Summary 
and justice of the peace within this Commonwealth, conviction, 
shall have the right of summary conviction in all mat- 
ters pertaining to violation of the provisions of this 
act, and all prosecutions for violation of any of its 
provisions shall be conducted, and the penalties dis- 
posed of, in manner and form as is now prescribed by 
law for violation of the game laws of this Common- 
wealth. 

Approved— The 31st day of May, A. D. 1907. 

EDWIN S. STUART. 

This act is constitutional and is the law. See opinion Su- 
perior Court Case of Commonwealth ts. Thos. W. McComb, No. 
148 October term, 1908. Superior Court of Pennsylvania. 
Appealed from Delaware county. 

39 Pa. Superior Court 411 : 227 Pa. Supreme Court 377 ; 
citation pases 246 and 247 of this pamphlet. 



22 



GAME, FISH, AND FORESTRY LAWS. 



Act May 8, 
J 909, P. L. 
466, as 
amended by 
the Act of 
July 11th, 
1917, P. L. 
779. 



Wild l)iids 
nnd animals 
and game. 

Unlawful for 
imnaturalized 
foreign-born 
residents to 
hunt. 

Or to OW71 
or possess 
shotgun or 
rifle, or fire- 
arm of any 
kind. 

Violations. 

Penalty. 

Proviso. 

Forfeiture of 
suns. 

"Unnatural- 
ized foreign 
l)orn resi- 
dent" de- 
fined. 



AN ACT 

To give additional protection to wild birds and ani- 
mals and game within the Commonwealth of Penn- 
sylvania, prohibiting the hunting for, or capture, 
or killing of, such wild birds or animals or game by 
unnaturalized foreign-born residents, forbidding the 
. ownership or possession of shotgun or rifle by any 
unnaturalized foreign-born resident, within the 
Commonwealth ; and prescribing i)enalties for vio- 
lation of its provisions. 

Section 1. As ii mended by the act of July 11th, 
WU, P. L. 77U. 

Section 1. Be it enacted, &c., That from and after 
the passage of this act, it shall be unlawful for any 
unnaturalized foreign-born resident to hunt for or 
capture or kill, in this Commonwealth, any wild bird 
or animals, either game or otherwise, of any descrip- 
tion, excepting in defense of person or property ; and 
to that end it shall be unlawful for any unnaturalized 
foreign-born resident within this Commonwealth, to 
either own or be possessed of a shotgun or rifle of 
any make, or a pistol or firearm of any kind. Each 
and every person violating any provision of this sec- 
tion shall, upon conviction thereof, be sentenced to 
pay a penalty of twenty-five dollars for each offense, 
or undergo imprisonment in the common jail of the 
county for the period of one day for each dollar in 
penalty imposed : Provided, That in addition to the 
before-named penalty, all guns of the before-mentioned 
kinds found in possession or under control of an un- 
naturalized foreign-born resident shall, upon convic- 
tion of such person, or upon his signing a declaration 
of guilt as prescribed by this act, be declared forfeited 
to the Commonwealth of Pennsylvania, and shall be 
sold by the Board of Game Commissioners as herein- 
after directed. 

Section 2. For the purposes of this act, any un- 
naturalized foreign-born person who shall reside or 
live within the boundaries of the Commonwealth of 
Pennsylvania for ten consecutive days shall be con- 
sidered a resident, and shall be liable to the penal- 
ties imposed for violation of the provisions of this 
act. 

Section 3. As amended by the act of July 11th, 
1917, P. L. 779. 



GAME, FISH, AND FORESTRY LAWS. 



23 



Presence of 
guns in 
room, house, 
etc. 



Prima facie 
evidence. 



Notice 9t all 
scixure. 



SfCtion 3. Tlitit the possession of a sliotguu or Possession 
rifle or pistol or firearm of any kind at any place outside of 
outside of buildings, within this Commonwealth, by t>"iiding. 
an unnaturalized foreign-born resident shall be con- 
clusive proof of a violation of the provisions of sec- 
tion one of this act, and shall render any person con- 
victed thereof liable to . the penalty as fixed by said 
section. 

Section 4. As amended by the act of July 11th, 
1017, P. L. 779. 

Section 4. That tlie presence of a shotgun or rifle, 
or pistol or firearm of any kind, in a room, or house, 
or building, or tent, or camp, of any description, 
within this Commonwealth, occupied or controlled 
by an unnaturalized foreign-born resident, shall be 
prima facie evidence that such gun is owned or con- 
trolled by the person occupying or controlling the 
property in which such gun is found, and shall ren- 
der such person liable to the penalty imposed by sec- 
tion one of this act. 

Section 5. That notice of the seizure of all guns, 
made for violation of any provision of section one 
of this act shall be sent to the Board of Game Com- 
missioners, at Harrisburg, by the oflicer making such 
seizure, immediately after the final verdict in any 
prosecution brought for violation of said provisions, 
or upon the signing of the acknowledgment of guilt, 
as hereinafter provided ; and the gun so seized shall 
be sold, at the discretion of the Board of Game Com- Sale, 
missioners, who shall apply the money thus realized, 
first to the payment of costs arising from such prose- 
cution and seizure, and the remainder, if any, shall 
be paid to tlie State Treasurer for the use of the 
Commonwealth. 

Section 6. That all duly appointed and sworn of- 
ficers of the Board of Game Commissioners of this 
Commonwealth, and all constables, police officers, 
members of the State constabulary, forestry-wardens, 
and all peace officers of the Commonwealth, shall have 
the right, and it is hereby made their duty, to ar- 
rest, without warrant, any persor^ whom they have 
good reason to suspect as belonging to the class of un- 
naturalized foreign-born residents, when they find 
such person with guns of the before-mentioned kind 
in possession, within the Commonwealth of Penn- 
sylvania. Such arrests may also be made upon Sunday ar- 
Sunday, in which case the person or persons so ar- rests. " 



Duty of 
officers. 



Arrests. 



24 GAME, FISH, AND POREf^TRY LAWS. 

rcstod, for safe-keeping may be committed to the jail 
or Jock-up for that day; but shall be taken bc^fore tht> 
proper magistrate and proceeded against on a week 
day following the arrest ; and any or either of such 
officers shall have the right and power, M'liere they 

Concoiiiini'tit susi)ect the concealment by an uunaturalized foreign- 

oi' gun. born resident of guns of the before-mentioned kind, 

1o apply to any court having jurisdiction of the of- 
fense, within the Commonwealth, who upon receipt 
of proof made by affidavit of the probable cause for 
Ix'lieving in such concealment, shall issue a search 

Siaich w:ir- Warrant and cause a sea)"ch to be made in any phice ; 

nmt. and to that end the said officer shall have power, 

after demand and refusal, to cause any building, 
room, inclosure, or car to be broken open and en- 
tered, and any closet, chest, locker, box. trunk, 
crate, basket-box, or package, or other receptacle, 
to be opened and contents examined by said officer. 

Miipistrjii.s. Section 7. Each and every magistrate, alderman. 

i.l(ieimpi). ^ and justice of the peace of this Connnonwealth shall 

Suininary* * *"' ''•^^'•^' ^'"' power of summary conviction pertaining 

(■..yivictiou. to the violation of any of t\u\ provisions of this act: 
and all actions for violation of any of the provisions 
hereinbefore-mentioned, excepting wlu^re the defendant 
is taken in the act or in a pursuit immediately fol- 
lowing the act, shall be commenced by affidavit made 
witliin one year of the time of such violation. Each 
and every magistrate, alderman, and justice of the 

Adiihivit. peace, on complaint made before him, on affidavit 

of any person, of a violation of the provisions of this 
act by any person, is herewith authorized and re- 
(|uinMl to issue his warrant, under his hand and 
official seal, directed to any constable, police officer, 
game-protector, or any other officer of the State 
known as a police officer and authorized to serve 

Nv.-uniiii.. warrants, and cause such person to be brought before 

such magistrate, alderman, or justice of the peace, 

Hoarina:. who shall hear the evidence and determine the guilt 

or innocence of the party charged. If the accused 
be convicted of such offense, he shall be sentenced to 
pay the full penalty i>rescribed by the section vio- 
lated, and to pay all costs of prosecution. All 
penalties collected in cases where the prosecutor is a 

Disposition l>aid officer of the Board of Game Commissioners 

of lines. shall be immediately surrendered by the court re- 

ceiving the same to such prosecutor, who in turn 
shall, as soon as may be, forward or deliver such 



GAME, FISH, AND FORESTRY LAW>!l 



25 



niiiount in full to tlio Socrctary of the Board, who 
shall at once deposit the same to the use of thr- 
Commonwealth. Where any other than a paid officer 
of the Board of Game Commissioners is the ))rosecn- 
^(,j.^ * * =h ^^nfler the provisions of the act of Juno 
7th, 1919, P. L. 423, the entire penalty * * * shall be 
forthwith forwarded to the Secretary of tlie Game 
Commission, at Harrisburg, together with a state- 
mv.ut of the cause for which said money shall have 
been collected, the cost of which statement is hcM'eby 
tixcMl as fifty cents, an<l made a part of the costs of 
prosecution. It shall be the duty of the Board of 
(Jame Commissioners to keep a record of the cases 
for which said money was collected, and to deliver 
th(^ fund thus arising, at least once a month, to the 
State Treasui'er, for the use of th(> Commonwcaltli. 
Any defendant refusing to pay such penalty, with 
the costs of pr(»secution, shall be committed to the 
common jail of the county, for a period of one <lay 
foi" each dollar imposi>d, unh.'ss he shall enter a good 
and sufficient recogizance, with one or more sureties, 
to pay s ich penalty within ten days, or to answ(M- 
such complaint, upon tlie charge of niisdemeanoi-, b(>- 
fore the court of (juartei- sessions of the peace of the 
county in which the offense was committed ; which 
said court, upon the conviction of the defendant of 
such offense, and on his failure to pay the penalty 
imposed, together with the costs of prosecution, shall 
commit such defendant to the common jail of the 
county for a period of one day for each dollar of pen- 
alty imposed : I'rovided, That any person charged 
with violation of the provisions of this act may, at 
his discretion, sign an acknowledgment of the of- 
fense committed, and pay any duly sworn Game Pro- 
tector the penalty in full, as fixed by the section 
violated, with costs to that date and the printed re- 
ceipt therefor, which shall in every instance bear 
tile seal of the Boai-d of Game Commissioners and 
the signature of its Se<n-etary, shall be evidence of 
full satisfaction for the offense committed : Provided, 
also, That all guns seized, in cases in which the be- 
fon^meutioned receipt is given, shall be sold under 
the provisions of section five, and the moneys realized 
therefrom be applie<l as therein directed. 



Duty of the 
Bon Id. 



Rofiisal t(i 
pay pi^nnlly. 

ronalty. 



Coiiiinit'iiiciit. 



I'ldvfsO;. 

Ackiiowlecl}:- 
ment of of- 
fense, and 
payment. 

Roct'ipt. 



Proviso. 



26 



GAME, FISH, AND FORESTRY LAWS. 



Section 8. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 8th day of May, A. D. 1009. 

EDWIN S. STUART. 



April 11 
1918, P 
85. 



Wild birds 
and game. 



Hunter's li- 
cense act. 



Licease. 

"Pers«»." 

' 'JJumber. ' ' 
"Gender." 



Persons en- 
titled to be 
lieensed. 



AN ACT 

For the better protection of wild birds and game 
within the Commonwealth of Pennsylvania : re- 
quiring citizens of the United States residing within 
this State to procure a license before using guns 
for the purpose of hunting for any wild birds or 
animals protected by the laws of this Common- 
wealth ; and providing penalties for violations of 
its several provisions, and the manner of proceed- 
ing to enforce compliance therewith ; and pro- 
viding for the disposition of the license fees, fines, 
and penalties received. 

Section 1. Be it enacted, &c., That from and 
after the passage of this act, it shall be unlawful 
for any person residing within this Commonwealth 
to hunt for wild birds or wild animals protected 
by the game laws of this Commonwealth, with fire- 
arms, or with a device of any kind propelling with 
force a leaden or metal pellet or bullet; or, except 
in the defense of person or property, to shoot at or 
kill, or pursue with the intent to take, kill or wound, 
any such wild birds or wild animals found within 
this Commonwealth ; without first securing a license 
to so do, in accordance with the provisions of this 
act. 

Section 2. Whenever the word "person" is used 
in this act, such word shall be taken to include 
every person. All words or terms in this act which 
refer to persons in the singular number shall be 
taken to include the plural number. All words of 
the plural number shall include the singular num- 
ber, and all words of the masculine gender shall be 
taken to include the feminine gender. 

Section 3. For the purposes of this act any per- 
son born in the United States of America, or any 
person fully naturalized under the laws of the United 
States, or the son of any such naturalized person, 



GAME, FISH, AND FORESTRY LAWS. 



27 



under the age of twenty-one years, who has been 
a bona fide resi3ent of this Commonwealth for a 
period of thirty days next preceding his application, 
shall be entitled to the license herein referred to, 
upon the further fulfillment of the requirements of 
this act. 

Section 4. As amended by the act of June 7th, 
1919, P. L. 433. 

Section 4. Each and every resident of this Com- 
monwealth — such resident being a citizen of the 
United States — upon application made, verbally or 
in writing, to any county treasurer within the Com- 
monwealth, and the presentation of proof that he is 
a citizen of the United States and a bona fide resi- 
dent of this Commonwealth under the requirements 
of this act, and, in the case of naturalized foreign 
applcants, the production of such applicant's natura- 
lization papers, and the payment to said county 
treasurer of one dollar, shall be entitled to what is 
herein designated as a "Resident Hunter's License," 
and a tag with the number of the license thereon : 
Provided, That no person under the age of sixteen 
years shall be entitled to or receive such license, 
without presenting a written request therefor, bear- 
ing the signature of his father or mother or his 
legally constituted guardian : Provided further. That 
no person under fourteen years of age shall be 
granted a license. Said license shall be issued on a 
form prepared and supplied by the Board of Game 
Commissioners, at the cost of the Commonwealth. 
Such license shall bear a description of the person 
applying for the same, setting forth the color of the 
hair and eyes, any marks or scars peculiar to the 
applicant, and such other description as the Board 
of Game Commissioners may require, with the date of 
its issue, and, in the case of naturalized foreigners, 
in addition to the above, such license shall contain 
the nationality of the person and all dates and num- 
bers of the naturalization papers, and shall author- 
ize the person named therein to use legal firearms 
for the purpose of hunting and killing any of the 
wild animals or game-birds protected by the laws of 
this Commonwealth, under the restrictions and re- 
quirements of existing laws, during that year, the 
date of which is inscribed thereon. Said certificate 
shall become void upon the thirty-first day of Dec- 
ember next following the date of issue. The Game 



Application 
for license. 



Proof. 



Naturalized 
foreigners. 

Fee. 
Tag. 

Persons un- 
der sixteen 
years. 



Persons un- 
der fourteen 
years. 

Form of li- 
cense. 

Description 
of applicants 



Nationality 
and naturali- 
zation. 

Rights ac- 
quired by 
license. 



Term . 



28 



GAME, FISH, AND FORESTRY LAWS. 



J)isi)lay of 
ing. 



Justicp of 
peace may 
issuo license. 



Rcpoit and 
i"eniittancc 
1)T justice. 



Record of 
license. 



Delivev.\- 
books. 



of 



Violations. 



Penalty. 



Commission shall also furnish free of charge, and the 
eouuty treasurer shall issue, with each license, a tag 
bearing the license number, in figures at least one 
inch in height, which tag said licensee is required to 
display on the back of the sleeve, between the elbow 
and the shoulder, in such manner that the figures be 
visible at all times while hunting : Provided, That 
it shall be lawful, under the provisions of this act, 
for any justice of the peace within this Common- 
wealth, who has qualified therefor by having applied 
to the county treasurer of the county in which he is 
located, and having received and receipted for neces- 
sary blanks and tags, to issue a resident hunter's 
license and tag, on like conditions and in like man- 
ner as prescribed for the issuance of licenses by any 
county treasurer, ujjon payment of fifteen cents to 
said justice by the said licensee, in addition to the 
other dollar prescribed as the cost '^►f said license ; 
said fifteen cents to be retained by said justice of the 
peace as his fees for the issuance of said license and 
reporting the same, and remitting payment therefor 
to the county treasurer of the county in which said 
justice of the peace is located. Such report and 
remittance to be made and done by said justice of 
the peace within twenty-four hours after the issuance 
of said license by him. Whereupon said county treas- 
urer shall make a record of, and otherwise treat, said 
license as though it had been igssued from his ofliice. 
except that he shall also note upon 
name of the justice issuing the license, 
of the peace shall deliver the book 
which he has issued licenses, together 
therein properly filled out and sliowing the names 
each licensee and the number of the license issued 



his record the 

Every justice 

or books from 

with the stubs 

of 

to 



him, to the trt^asurei" of his county during the month 
of January of each year. 

Section 5. Any citizen of the United States, resi- 
dent Avithin this Commonwealth, who shall, ex- 
cepting in defens(> of person or property, attempt 
through the use of a gun or mechanical device, be- 
fore described in this act, to hunt for, or take or 
wound or kill, any of the wild birds or animals 
protected by the laws of this Commonwealth, with- 
out first being possessed of a "Resident Hunters 
License," lawfully issued to him in his name, shall 
be liable to a penalty of twenty dollars for each 
offense ; and each day upon which said gun or device 



GAME, FISH, AND FORESTRY LAWS. 



29 



shall be considered a separate and distinct 

Provided, That nothing in this act shall 

any citizen of the United 

this Commonwealth, from 

I ; or from using such gun in 

or propei-ty ; or from shoot- 



is used 

offense : 

be construed to prevent 

States, residing within 

having a gun in his home 

(lofense of either pei-son 



in; 



.*, at 
in any 

protected by the laws 
prevent any bona fide 
of lands within this 
ber of the family of 
bein 



shooting at. 



son 



targets or from hunting tor or owv^v-.^x.^, 
place in this Commonwealth, anything not 
of this Commonwealth : or to 
owner or any bona fide lessee 
Commo7iwealth, or any mem- 
such owner or lessee, such per- 
of the United States, residing 



a citizen 



upon and cultivating 
from hunting thereon, 
of the owner thereof, 
immediately adjacent 



lands in this Commonwealth, 
or, by and with the consent 
from hunting upon the lands 
and connected with his own 
lands, — without securing the license provided for by 
this act ; it being distinctly understood that no right 
is conveyed by this act to hunt upon either private 
or public property in this Commonwealth, contrary 
to the wishes of those wlio may omu or control such 
property. 

Section 0. For the purpose of this act, the fact 
that any person shall be found in possession of a 
gun, or a mechanical device of any description 
possessing the power to propel with force a leaden 
or metal bullet or pellet, either in the field, in the 
forests or on the waters of this Commonwealth, shall 
be considered prima facie evidence that such person 
is hunting; and shall render him liable to display 
his license tag as aforesaid, and to show his ''Resi- 
dent Hunter's License'* to any ofiicer of this Com- 
monwealth, whose duty it is to protect the game and 
wild birds of the Commonwealth, or upon demand 
by the owner or the lessee, or by the employee or 
representative of such owner or lessee, upon whose 
lands such person may be found in this Common- 
wealth ; and for refusing or neglecting to comply 
with such request, such person, neglecting or re- 
fusing to display his license tag, as aforesaid, and 
exhibit his "Resident Hunter's License," shall, upon 
conviction, be liable ot a penalty of twenty dollars ; 
and the fact that any person may be found upon 
the highways of the Commonwealth, in possession 
of a gun and the dead body of any bird or animal 
protected by the laws of this Commonwealth, shall 



rroviso. 



OAvncrshiiJ of 
and lawful 
use of fTim. 



Wiilumt 
cense. 



li- 



Riglils oon- 
reyecl by 
act. 

Po.'Jsossioii 
of g\m in 
field, etc. 



rriiiin fucie 
evidence. 

Display of 
tajr and 
showing: of 
license. 



Refusal or 
neslect. 



Penalty. 



Possession of 
gun and 
gaM)(\ 



30 



GAME, FISH, AND FORESTRY LAWS. 



Prima facie 
evidence. 



Display of 
tag, etc. 

I'roviso. 
Penalty. 



.^fidavit of 
denial. 



r.ffect of. 



rounty 
treasurers. 



Record of 
licenses. 

I ndex. 



I^uty of 
trcii.surers. 



In.spection of 
index. 

Treasurer's 
fee. 



Returns of 
treasurer. 



be considered prima facie evidence that such person 
is hunting ; and such person, upon demand made 
by any officer of the Commonwealth whose duty it is 
to protect the wild birds and game of the State, 
shall be required to display his license tag, as afore- 
said, and exhibit his "Resident Huutcr's License," 
and for refusing to so do shall, upon conviction, be 
liable to a penalty of twenty dollars : Provided, 
That in all cases of arrest for violation of any of 
the provisions of this act, except where the dead 
body of any game bird or animal is found in posses- 
sion of the accused, the affidavit of any person, 
charged with such violation, denying the charge made, 
shall, in every instance, over-balance what is termed 
"prima facie evidence" in any of the provisions of 
this act; and that all penalties collected for viola- 
tion of any of the provisions of this section shall be 
paid into the State Treasury, to be applied to the 
purposes otherwise provided for in this act. 

Section 7. Each and every county treasurer of 
this Commonwealth shall keep in a book to be 
supplied by the Board of Game Commissioners at 
the cost of the Commonwealth, a correct and com- 
plete record of all "Resident Hunters' Licenses" is- 
sued by him. Such book shall be in the form of an 
alphabetical index ; and it shall be the duty of each 
county treasurer to have entered therein, at the close 
of each week, the name and place of residence of each 
individual to whom a license shall have been issued 
during that week ; and to forward immediately to the 
Game Commission a complete list of licenses granted, 
with names and addresses of licensees and numbers 
of their respective license, on blanks to be furnished 
by the Game Commission ; and this index shall be 
open at any reasonable hour to the inspection of any 
officer of the Commonwealth whose duty it is by law 
to protect the wild birds and game of the Common- 
wealth. 

Section 8. Said county treasurera are herewith 
authorized to retain for services rendered the sum 
of ten cents from the amount paid by each licensee, 
which amount shall be full compensation for services 
rendered by him in each case under the provisions of 
this act, and shall remit all balances arising from 
this source, at least once a month, to the State Treas- 
urer, for the purposes otherwise provided for in this 
act. Each county treasurer shall make his return 



GAME, PISH, AND FORESTRY LAWS. 31 

to tlie State Treasurer upon a form to be supplied 
by the Board of Game Commissioners, at the cost of 
the Commonwealth, and shall in every instance for- 
forward a duplicate of such report to the Secretary . 
of the Board of Game Commissioners at Harrisburg, 

Section 9. Any ofticor of the Commonwealth whose powers •< 
<luty it is to protect the wild birds or game of the officers. 
Commonwealth or to preserve the peace of the Com- 
monwealth shall have the right to arrest, without ^j.j-^g^ ^^j^jj. 
warrant, any person caught in the act of violating out warrant, 
any provision of this act, or in a pursuit imme- 
<liately following such violation ; and to seize all Seizures, 
guns, shooting paraphernalia, dogs, boats, decoys, 
or other appliances used in violation of any pro- 
vision of this act, also all wild birds or animals, 
game or otherwise, found either in possession or 
under control of the suspected person within this 
Commonwealth. All birds and animals, or parts 
thereof, not classed as game in this Commonwealth, 
thus seized, shall be held subject to the order of 
the Board of Game Commissioners. All guns, boats, Dispositio* 
decoys, dogs, game, and shooting paraphernalia, of seizures, 
seized when such arrest is made, shall be held sub- 
ject to the determination of the proceedings institut- 
ed ; and where the party accused is convicted, all 
game seized shall be forfeited to the Commonwealth Forfeiture of 
of Pennsylvania, and as soon as may be shall be for- game, 
warded to the most convenient hospital, for the use 
of the sick or injured therein. All guns, boats.. Forfeiture of 
decoys, dogs, and shooting paraphernalia of every inins, boats, 
description, thus seized, shall be held subject to the etc. 
payment of the' penalty imposed and the costs of 
prosecution ; and, unless security be given as re- 
quired by section thirteen of this act, all such seized 
guns, boats, decoys, dogs, and shooting paraphernalia 
shall be sold at public auction, after advertising the 
same for five days, by at least five public hand- 
bills conspicuously posted in the city, borough, or 
township wherein the conviction was secured. Any 
fund thus arising shall be applied, first, to the pay- Application 
ment of the costs of prosecution ; then, to the pay- fimds. 
ment of the penalty imposed ; and the remainder, if 
any, shall be returned to the owner of the prop- 
erty seized. Where game, dogs, boats, decoys, or 
shooting paraphernalia of any description shall be ^henown^ra 
seized, and the owners thereof escape arrest, and escape ar-'^ 
refuse to present themselves and make claim to rest. 



32 



GAME, FISH, AND FORESTRY LAWS. 



Dispcsil i<in 
of guns, 
boats, otc. 



I'tiiviso. 



Rosistins: 
arrest, otc. 



Pehaltj'. 



Refusal to 
pay peiiiilty 

First of- 
fense. 



Soooml or 
subsequent 

offense. 



s:iiil propert.v, all such gaiiio, after the lapse of three 
da.vs after the seizure, shall be declared forfeit(Ml 
to the Commonwealth, and .shall be sent to the most 
c(>n\enieiit hospital, for the purpose before indicated 
in this s(>ction. All guns, dogs, boats. deco.ys, and 
other shooting parapherimlia thus seized shall be 
licld for a period of ten days : after which time, 
if the owner thereof fails to appear and defend 
himself against the charges made, such property 
of all description shall be sold, in the manner pre- 
scribe<l for the sale of .seized property after convic- 
tion, and the fund arising from such, sale be applied 
as in the case of the sale after conviction : Pro- 
\ided. That the fact that imprisonment is suffered 
by any person convicted of violating any provisions 
of this act shall not prevent the sale of guns, dogs, 
boats, decoys, or other shooting paraphernalia of any 
description, held as the property of the imprisoned 
party, and the application of the fuiid thus realized 
to the payment of the costs and the penalty impos<!d. 

Section 10. Each and every person resisting arn\st 
for violation of any of the provisions of this act, 
or refusing to go with an officer after an arrest 
lias been made, or interfering with an officer of the 
Commonwealth in the performance of his duty under 
the provisions of this act, shall be liable to a i)enalty 
of one hundi'cd dollars, which penalty when col- 
lected shall be applied as arc other penalties under 
the provisions of this act. 

Section 11. Whenever, because of the violation of 
anj' of the requirements of this act, any person shall 
be convicted for a first offense and a penalty be im- 
posed, and the defendant shall neglect or refuse to 
at once pay said amount, together with the costs of 
prosecution, in lawful money of the United States, he 
shall at once be committed to the common jail of 
tlie county in which the conviction is secured, for 
a period of one day for each dollar of penalt.y im- 
posed : unless he shall enter into good sufiicient re- 
cognizance to either pay the pealty and costs, within 
a period of ten days after the date of said conviction, 
or to certiorari the proceedings under the forms of 
law, or to carry the case to a higher court on appeal, 
under the provisions of section fourteen of article five 
of the Constitution and the laws of Pennsylvania re- 
lating thereto. For the second or an.y additional 
olfevse after the first offense the defendant shall, in 



GAME, FISn, AND FORESTRY LAWS. 



33 



addition to the penalty lu-csoi'ibed for the first offense, 
suffer an imprisonment of one day in jail for each 
dollar of penalty imposed : Provided, That in every 
case of a conviction for violation of any of the pro- 
visions of this act, wherein the defendant suffers im- 
prisonment in lieu of a cash payment of the penalty 
imposed, or fails to pay the costs of prosecution, all 
traps, guns, boats, decoys, shooting paraphernalia, 
or othei' appliances used in violation of the law, and 
found in his possession at the time of arrest or proven 
to have been used in violation of law, shall be and 
they are hereby declared forfeited to the Common- 
wealth of Pennsyhania ; and shall be either destroyed 
or sold, as the Board of Game Commissioners may 
consider best, and the money secured through such 
sale shall be applied by said Board, first, to the pay- 
ment of the costs incurred, and the remainder, if any. 
be deposited with the State Treasurer, to be used for 
the purposes herein otherwise provided ; the defend- 
ant being entitled, for the first offense only, to the 
credit of one day off his imprisonment for each dollar 
so deposited with the State Treasurer. 

Section 12. As amended by the act of July 11th, 
1017. P. L. 796. 

Section 12. All license fees collected under the 
provisions of tliis act, and all fines and penalties im- 
posed and collectfHl for violation of any of its provis- 
ions shall he paid to the State Treasurer as herein- 
before designated, who shall keep the moneys thus 
colle(»ted as a fund separate and apart, solely for the 
purpose of wild bird and game protection, for the 
creation and maintenance of game sanctuaries, for 
the purchase, propagation and feeding of game and 
wild birds, and the payment of bounties^ under the 
supervision of the Board of Game Commissioners of 
the Commonwealth of Pennsylvania ; as provided for 
by the laws of this Commonwealth and all moneys, 
and all balances, now in such fund from moneys al- 
ready paid into the State Treasury, through or be- 
cause of this act, or that may hereafter be paid into 
the said fund, and not needed for the payment of 
bounties, as provided for by the law of this Com- 
monwealth, are made available as soon as paid into 
the State Treasury, and are hereby specifically appro- 
priated to the use of the Board of Game Commission- 
ers, for the several purposes before-mentioned, and 
3 



Proviso. 



Forfeituif! 
of traps, 
guns, boats, 
etr. 



Disposition 
of foes. 



Wild bird 
and game 
protection, 
etc. 

Payment of 
bounties. 



Funds avail- 
able to use 
of Game 
Commission. 



34 



GAME. FISH, AND FORESTRY LAWS. 



Requisition. 



Weir rant. 



Suinniary 
conviction. 



Atfidavit. 



Warnnit. 



Hcirin;:. 



Disposition 
of penalty. 



shall be paid to the use of said Board, monthly in 
advance, upon requisition by its Secretary. The Aud- 
itor General shall, upon requisition from time to 
time of the Secretary of the Board of Game Commis- 
sioners, and the proper accounting for moneys al- 
ready advanced from tlie fund, draw his warrant up- 
on the State Treasurer for the amount specified in 
such requisition ; not exceeding, however, the amount 
in such fund available for the purpose before-men- 
tioned at the time such requisition is made. 

Section 13. Each and every magistrate, justice of 
the peace, and alderman, within this Commonwealth, 
shall have power of summary conviction in matters 
pertaining to violation of any of the provisions of this 
act. All actions for violations of any of the provis- 
ions of this act, excepting where the defendant is 
taken in the act of violating the law, or in a pursuit 
immediately following such violation, shall be com- 
menced by affidavit made within one year after tiie 
date of such violation ; and any magistrate, justice 
of the peace, or alderman, in this Commonwealth, on 
complaint made before him, by affidavit by one or 
more persons of a violation of any of the provisions 
of this act by any person, is hereby authorized and 
required to issue his warrant, under his hand and 
seal, directed to any constable, police officer, game 
protector, or any officer of the Commonwealth whosf 
duty it is to protect game and wild birds of the Com 
monwealth, and cause such person to be brought be- 
fore him, such magisti-ate, justice of the peace, or 
alderman, who shall hear the evidence and determine 
the guilt or innocence of the person accused ; and if 
such person be convicted of the offense charged, he 
shall be sentenced to pay the full penalty prescribed 
by the section violated, together with the costs of 
prosecution. All penalties thus recovered, in cases 
where the prosecutor is a salaried officer of the Com- 
monwealth, shall be immediately surrendered by the 
court receiving the same to the prosecutor, who in 
turn, as soon as may be, shall forward or deliver such 
amount in full to the Secretary of the Board of 
Game Commissioners at Harrisburg. Where any offi- 
cer of the Commonwealth, other than a salaried 
officer, is the prosecutor, the penalty shall be, as 
soon as the case is fully determined before him, for- 
warded by such magistrate, justice of the peace, or 
alderman to the Secretary of the Board of Game Com- 



GAME, FISH, AND FORESTRY LAWS. 



35 



mission ers at Harrisburg, together with a statement 
of the cause for which such money shall have been 
collected, the cost of which statement is hereby 'fixed 
:it fifty cents and made a part of the costs of prosecu- 
tion ; and it shall be the duty of said Secretary of the 
Board of Game Commissioners to at least once a 
month make return of moneys thus collected to the 
State Treasurer, to be applied to the pur- 
poses otherwise provided for in this act. Each 
and every defendant convicted on appeal be- 
fore any court of this Commonwealth shall be sen- 
tenced to pay the penalty imposed by the section vio- 
lated, or to undergo imprisonment in the common 
jail of the county for one day for each dollar of 
penalty imposed and unpaid ; Provided, That any 
person charged with violating any provision of this 
act may sign an acknowledgment of the offense com- 
mitted, either before or after the beginning of suit, 
and pay to any duly appointed and commissioned Game 
Protector, Deputy or Special Deputy Game Protector, 
the penalty in full, as fixed by the act, together with 
the cost accruing to the State to that date ; and the 
printed receipt therefor, which shall in every instance 
bear the imprint of the Seal of the Board of Game 
Commissioners of Pennsylvania, and the signature of 
its Secretary, shall be evidence of full satisfaction of 
the offense committed : Provided further. That when 
any person or persons are arrested for any violations 
of the provisions of any section of this act, the party 
or parties making said arrests shall immediatey there- 
after take, or cause to be taken, the parties so ar- 
rested to the nearest justice of the peace, magistrate, 
or alderman, for hearing upon the charge upon which 
said person or persons were arrested. 

Section 14. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 17th day of April, A. D. 1913. 



Conviction 
on appeal. 



Proviso. 



Acknowledg- 
ment of 
offense. 



Receipt. 



Pi'oriso. 



Repeal. 



JOHN K. TENER. 



36 



GAME, riSH, AND FORESTRY LAWS. 



Act June 6, 
1913. r. L. 
454. 



Firearms. 



Prohibition 
of the use 
of upon 
lands of 
hospital, 
park or re- 
sort. 

Marker of 
boundaries. 



ProTlso. 

Violations. 
Penalty. 



AN ACT 

To proliibit the use of firearms of auy description upon 
lands set apart to hospital, or sanitorium, or park, 
or resort uses, whereon human beings congregate 
in the open, in quest of health, recreation, or 
pleasure in this Commonwealth, and providing pen- 
alties for violation of its several provisions. 

Section 1. Be it enacted, &c., That, from and 
after the passage of this act, it shall be unlawful for 
any person within this Commonwealth, at any time 
of the year, to discharge a shotgun or a rifle, or a 
firearm of any description . except in defense of per- 
son or property, or by the written consent of the 
owner or person controllinsr the same upon the grounds 
belonging to, or connected with and controlled by, 
those operating a public or private hospital or sana- 
torium, or park or resort, set apart to the use of 
the public either free or otherwise, and upon which 
human beings congregate in the open, in quest of 
health, recreation, or pleasure, — such lands being 
surrounded by a marker, either a fence or single 
wire, or a marker of any description that will clearly 
designate the boundaries thereof, and a line of notices 
printed upon cloth, or painted, and posted not to 
exceed one hundred yards apart, along said marker, 
calling attention to the fact that the land within such 
enclosure has been set ai)art for a specific purpose 
(naming it) , and that shooting upon such property 
is prohibited: Provided, That ]io privileges may be 
given by those owning or operating such lands to any 
person to hunt for or shoot at either animals or 
birds classed as game, in this Commonwealth, upon 
such property. Each and every person violating any 
provision of this act shall be guilty of a misdemeanor: 
and upon conviction shall be liable to a penalty of 
twenty-five dollars for the first offense, or, in lieu 
thereof, shall suffer an imprisonment in the common 
jail of the county of one day for each dollar of pen- 
alty imposed for the first offense, and for the second 
and each succeeding offense after the first offense, 
shall, in addition to the penalty imposed for the first 
offense, undergo an imprisonment of one day in jail 
for each dollar of penalty imposed, no matter wBether 
the penalty in cash be paid or not. 



GAME, FISH, AND FORESTRY LAWS. 



37 



out warrant, 

otc. 



Section 2. Each and every State policeman, local officers au- 
policeman, constable, j;ame protector, or any other thorized to 
peace officer, in this Commonwealth, is herewith given arrest with- 
authority to, and it is made his duty to, arrest with- 
out warrant any person caught in the act of violating 
any provision of this act, and to follow the usual 
course of serving a warrant, arresting and prosecuting 
persons charged with misdemeanors. in this Common- 
wealth in a]] cases where the information of such 
violation is by any other person brought to the atten- 
tion of the ofticer. 

All penalties collected for violation of any provision 
of this act shall br delivered to the county treasurer of 
the county in which the eonviction is secured, to be 
used as other funds belonging to the county or used. 

Section 3. All acts or parts of acts inconsistent Repealed, 
witli the provisions of this act are hereby repealed. 



Approved — The 6th day of June, A. D. 191 



o 
O. 



JOHN K. TENER. 



AN ACT 

To )»rovide for tlie better protection and {jreservation 
of deer and elk, scpiirrels, and certain birds classed 
as game-birds, within the Commonwealth ; provid- 
ing a method through which certain lands in the 
Commonwealth may be closed to hunting for a term 
of year-s : and i)rescribing penalties for violation of 
its several provisions. 

Section 1. Be it enacted, &c., That from and after 
the iiassage of tliis act, the Board of Game Commis- 
sioners of this Commonwealth shall have the power 
and authority to close, for a term of years, to the pur- 
pose of hunting elk. and deer, squirrels of all kinds, 
.•md wild turkev. and ruffed-grouse, and quail, com- 
monly called Virginia partridge, and ring-necked 
plieasant, and Hungarian quail, or either of them, as 
may appear necessaiy to the citizens of any county of 
this Commonwealth, for the purpose of adding to the 
protection of such animals and birds, or either of 
them, and assist in their increase in the county where- 
in such citizen.* may reside. 



Act April 9, 
1915, P. L. 
73. 



Cqunties 
given the 
right to 
close to 
hxinting for 
a term of 
years. 

Elk, deer, 
squirrels, 
and certain 
game-birds. 



Protection 
of 



38 



GAME, FISH, AND B^ORESTRY LAWS. 



Petition 
asking the 
right to 
close. 



Closure of 
county. 

Blanks. 



Publicity. 



Certifled 
copies of 
notice. 



Hearing. 



Closed sea- 
ion. 



Section 2. That whenever at least two hundred citi- 
zens of any county in this Commonwealth shall, 
through written petition, certify to the Board of Game 
Commissioners that, in their opinion, an absolutely 
closed season is necessary to insure the better pro- 
tection and consequent increase of elk and deer, and 
squirrels of all kinds, and wild turkeys, and ruffed- 
grouse, and quail, and ring-necked pheasant, and 
Hungarian quail, or cith; i- of them, in a wild state, in 
that county in which such citizens may reside, and 
asking that such county be closed to hunting for a 
period, the Board of Game Commissioners shall for- 
ward to said petitioners and others a blank form 
setting forth such questions as they may consider 
best suited to determine the quantity of game and 
game conditions in the county in question, and the 
necessity for closing said county to hunting ; which 
said forms, with replies to entitle such answer to 
consideration before said Board of Game Commis- 
sioners, shall be returned to said Board on or before 
the return day as fixed upon said forms. Such pe- 
titioners shall also publish, for at least three con- 
.secutive woeks, at their own expense, in at least 
two prominents newspapers in the county to be closed, 
the statement that such petition has been filed, with 
its purpose, and the return day for information as 
fixed by the Board of Game Commissioners ; and shall 
file with said Board duly certified copies of such no- 
tices, as published in each newspaper, on or before 
said return day. If the written answers as returned 
shall fail to satisfy said Board of Game Commis- 
sioners that such closed season is necessary, or those 
opposing such action shall demand a hearing before 
said Board, then a hearing shall be had, upon such 
date, and at such place within the county to be af- 
fected, as may be decided upon by the said Board of 
Game Commissioners, the expense of such hearing to 
be paid by those demanding the same. If, after the 
receipt of the written answers, or the public hearing, 
or both, the Board of Game Commissioners shall be 
satisfied such closed season is necessary to insure the 
better protection of elk and deer, squirrels of all 
kinds, and wild turkeys, and ruifed-grouse, and quail, 
and ring-necked pheasant, and Hungarian quail, 
found in a wild state, and their consequent increase, 
in said county, they are herewith empowered and di- 
rected to declare a closed season, not to exceed five 
years, for elk and deer, and wild turkeys, and ruffed- 



GAME, FISH, AND FORESTRY LAWS. 



39 



grouse, and quail, and ring-necked pheasants, and 
Hungarian auail, or either of them, found in a wild 
state within said county. 

The Board of Game Commissioners, to make such 
closed season effective and binding, shall be required 
to publish annually their decision and action regard- 
ing this matter, in at least three newspapers, if 
there be that many, in each county affected thereby, 
and to have notices of such ruling, declaring such 
county closed to hunting, printed and annually dis- 
tributed in reasonable numbers throughout the affected 
territory. 

Each and every person violating any of the pro- 
visions of such ruling made by the Board of Game 
Commissioners, under the requirements of this act, 
shall be liable to a penalty of three hundred dollars 
for each elk. and two hundred dollars for each deer, 
and twenty-five dollars for each squirrel or bird, 
taken, killed, wounded, or attempted to be taken, 
killed, or wounded, upon said closed territory. 

Section 3. Each and every magistrate, justice of 
the peace, and alderman within this Commonwealth 
shall have the power of summary conviction in mat- 
ters pertaining to violation of any of the provisions 
of this act. All actions for violations of any of the 
provisions of this act, excppt where the defendant 
is taken in the act of violating the law, or in a pur- 
suit immediately following such violation, shall be 
commenced by affidavit made within two years after 
the date of such violation ; and any magistrate, 
justice of the peace, or alderman in tliis Common- 
wealth, on complaint made before him, by affidavit, 
by one or more persons, of a violation of any of the 
provisions of this act by any person, is hereby au- 
thorized and required to issue his warrant, under 
liis hand and seal, directed to any constable, police 
officer, game protector, ^ or any officer of the Com- 
monwealth whose duty it is to protect the game and 
wild birds of the Commonwealth, and cause such per- 
son to be brought before him, such magistrate, jus- 
tice of the peace, or alderman, who shall hear the 
evidence and determine the guilt or innocence of the 
person accused : and if such person be convicted of 
the offense charged he shall be sentenced to pay the 
full penalty prescribed by the section violated, to- 
gether with the costs of prosecution. All penalties 
thus recovered, in cases where the prosecutor is a 
salaried officer of the Commonwealth, shall be im- 



Publicatiun 
of decision. 



Distribution 
of notices. 

Violation. 



Tonalties. 



Suinmary 
conviction. 

Actions. 



Aftidavit. 



W:n rant. 



Henrinff. 



Teiialties. 

disposition 

of. 



40 



GAME, FISH, AND FORESTRY LAWS. 



Statoimnt. 



Sopaiale 
ruticl. 



Appeals. 



Proviso. 



A<'knowl- 
pclgnitMit of 
olfonse. 



mediately surrendered by the court receiving the same 
to the prosecutor, who in turn, as soon as may be, 
shall foi-ward or deliver such amount in full to the 
Secretary of the Board of Game Commissioners at 
Harrisburg. AVhere any citizen of the Common- 
wealth, other than a salaried officer, is the prose- 
cutor, one-half of any penalty thus collected shall be 
paid to such prosecutor by the court receiving the 
same ; and the remaining one-half shall be, as soon as 
the case is fully determined before him, forwarded by 
such magistrate, justice of the peace, or alderman to 
the Secretary of the Board of Game Commissioners 
at Harrisburg, together with a statement of the cause 
for which such money shall have been collected, the 
cost of which statement is hereby fixed at fifty cents 
and made a part of the costs of presecution ; and it 
shall be the duty of said Secretary of the Board of 
Game Commissioners to, at least once a mouth, make 
return of moneys thus collected to the State Treasurer, 
who shall keep the moneys tlnis collected as a fund 
separate and apart, solely for the purpose of wild bird 
and game protection, and for the purchase and propa- 
gation of game, under the supervision of the Board of 
Game Commissioners of the Commonwealth of Penn- 
sylvania, and for payment of bounties under the pro- 
visions of law. The several purposes to which the 
fund so received by the State Treasurer shall be ap- 
plied to be clearly designated by an act of the Legis- 
lature, either in the general appropriation act or by 
separate appropriation for the payment of bounties. 
Any prosecutor or defendant being dissatisfied with 
the findino- of the magistrate, justice of the peace, 
or alderman, in a trial for violation of any provision 
of this act, shall be entitled to an appeal, under the 
provisions of section fourteen of article five of the 
Constitution, and the laws of Pennsylvania relating 
thereto ; which said court, on the conviction of the 
defendant of such offense, and his failure to pay the 
penalty in full imposed by this act^ together with 
the costs of prosecution, shall commit such defendant 
to the common jail of the county for one day for 
each dollar of penalty imposed. Provided, That any 
person caught in the act, or charged with a violation 
of any provisions of this act, may at his discretion, 
either before or after the bringing of the suit, sign 
an acknowledgment of the offense committed, and pay 
to any duly authorized Game Protector or Deputy 
Game Protector the penalty in full, as fixed by the 



GAME, FISH, AND FORESTRY LAWS. 



41 



the 
sig- 
full 



section violated, together with costs, if any, to date 
and the receipt which he shall receive therefrom, and 
which in all instances shall bear the imprint of 
seal of the Board of Game Commissioners and the 
nature of its Secretary, shall be evidence of 
satisfaction of the offense committed. 

Section 4. The act of the twenty-ninth of April, 
one thousand nine hundred and thirteen (Pamphlet 
Laws, one hundred and twenty), entitled "An act to 
provide protection and preservation of elk and deer ; 
providing a method through which certain lands in 
the Commonwealth may be closed to hunting for a 
term of years, and prescribing penalties for violation 
of its several provisions," is hereby repealed : Pro- 
vided, however. That any counties which have already 
been closed for a term of years, under the provisions 
of said act, may remain closed under the provisions of 
this act for the term for which they have already 
been closed, without taking any further action there- 
for : and all other laws, or parts of laws, inconsistent 
with the provisions of this act, are hereby repealed. 

' Approved— The 0th day of April. A. D. 1915. 

MARTIN G. BRIJIMBAUGH. 



Itopeal. 

Act of 
April 1 



AN ACT 



Providing for the establishment, regulation, and main- 
tenance by the Board of Game Commissioners of 
State Game Preserves on the Forestry Reservations 
and elsewhere, and providing penalties for violation 
of this act. 



Act April 
16, 191.5, 
L. ].3.->. 



Section 1. Be it enacted. &c., Tliat the word 
"gnme," as used in this act, shall include wild ani- 
mals and wild fowl of every kind protected by the 
laws of Pennsylvania. 

Section 2. The Board of Game Commissioners may 
establish and maintain State Game Preserves, for the 
protection and propagation of game. Such State 
Game Preserves may be located on the State forests, 
or may be upon land leased by the Board of Game 
Commissioners for that purpose. 

Section 3. If a State Game Presence is located on a 
State Forest, the consent of the Department of For- 
estry must be obtained therefor. 



pre- 



Game 
serves. 

"Game" do- 
ftned. 

Game pre- 
serves. 



Location. 

Consent of 
Do)>artiiiont 
of Forestry. 



42 

Rognlations. 



Fire-line, 
etc. 



Notices. 

Dinioiisiuii!*. 
Area . 



Right of 
entri'. 



Close season. 



Unlawful 

hunting. 

etc. 



Right of 
entry. 



Open season. 



Summary 
conviction. 



GAME, FISH, AND FORESTRY LAWS. 

Section 4. The State Game Preserves shall be at all 
times subject to regulations established by the Board 
of Game Commissioners, under its agreement with 
the Department of Forestry. 

Section 5. Each State Game Preserve upon a State 
forest shall be surrounded by a well-defined fire-line 
or clear strip of land, and by at least one wire at 
the boundary thereof. 

Section 6. On the boundary of each State Game 
Preserve there shall be posted, in conspicuous places, 
notices bearing the following : "State Game Refuge : 
Hunting is Unlawful." 

Section 7. The greatest transvei'se dimensions of 
any State Game preserve shall not exceed ten miles. 

Section 8. If the State Game Preserve is on a State 
Forest, it must not exceed in area one-half of the 
total area of the forest on which it is located. 

Section 9. Any citizen may go upon a State Game 
Preserve, without fire-arms, at any time during what 
is known as the close season for game in Pennsyl- 
vania. For any purpose in compliance with the re- 
quirements of his respective official duties, and in any 
manner and at any time, and with or without fire- 
arms ; (a) Any member or employe of the Depart- 
ment of Forestry may go upon any State Game Pre- 
serve located on a State forest and (b) any member 
or any employe of the Board of Game Commissioners 
may go upon any State Game Preserve wherever lo- 
cated. 

Section 10. Except as permitted by law in this 
State, it is unlawful to hunt for, or catch or kill or 
wound or drive, or attempt to catch or kill or wound 
or drive, any game within the limits of a State Game 
Preserve. 

Section 11. Except as otherwise permitted in this 
act. it is unlawful for any person to carry fire-arms 
within the limit of a State Game Preserve, or to take 
a dog of any kind upon a State Game Preserve, or, 
during the open season for game in Pennsylvania, 
to go upon the State Game Preserve, either with or 
without fire-arms. 

Section 12. Jurisdiction for summary conviction 
for violation of any of the provisions of this act is 
hereby specificaly given to all aldermen, magistrates, 
and justices of the peace. 



GAME, FISH, AND FORESTRY LAWS. 



48 



Any person avIio shall be convicted summarily, by 
any alderman, magistrate, or justice of the peace of 
the county, of a violation of any of the provisions 
of this act, shall be sentenced to pay a fine as fol- 
lows : — 

If the defendant has willfuly violated any of the 
provisions of this act, but has not killed any game, 
nor resisted arrest, nor refused to go with the ar- 
resting officer, nor interfered with the arresting offi- 
cer, the fine shall be twenty-five dollars. 

In addition to the foregoing fine, the defendant shall 
pay a fine as follows : — 

If the defendant has killed or wounded, or at- 
tempted to kill or wound, a deer, the fine shall be 
one hundred dollars. If the defendant has killed or 
wounded, or attempted to kill or wound, a bear, 
the fine shall be fifty dollars. If the defendant has 
killed or wounded, or attempted to kill or wound, 
a game-bird of any kind, the fine shall be twenty-five 
dollars. If the defendant has resisted arrest for 
violation of the provisions of this act, or has refused 
to go with th*^ officer making the arrest, or has in 
any manner interfered with the arresting officer, the 
fine shall not be less than one hundred dollars. In 
default of payment of the fine, the defendant shall be 
sentenced to imprisonment at the rate of one day for 
each dollar of the fine and costs. 

The person convicted may appeal to the court of 
quarter sessions, upon allowance of a judge thereof, 
on cause shown. 

Section 13. If the prosecutor is a paid Game Pro- 
tector, the fine shall be paid to the prosecutor, who 
shall forward it to the Secretary of the Game Com- 
mission, who shall pay it into the State Treasury, 
for the use of the Game Commisison as hereinafter 
provided. 

Section 14. If the prosecutor is other than a paid 
Game Protector, one-half of the fine shall go to the 
prosecutor, and shall be paid to him by the alder- 
man, magistrate, or justice receiving the same. The 
remaining half of the fine shall be forwarded within 
ten days to the Secretary of the Game Commission, 
who shall deposit it into the State Treasury. 

Section 15. Any person charged with the violation 
of any of the provisions of this act may, in his dis- 
cretion, sign an acknowledgment of the offense com- 
mitted, and pay to the duly authorized Game Pro- 
tector or Deputy Game Protector the proper fine in 



Fines. 



AdditiouB. 
FineB. 



Resisting 
arrest, etc. 



Appeals. 



Payment of 
flmes. 



Acknowledg- 
ment of 
offense. 



44 



GAME, FISH, AND FORESTRY LAWS. 



Payment. 



Receipt. 

Arrest with- 
out war- 
rant. 



Seizures. 



Disposition 
of seizure. 



Forfeiture of 
game. 



Boats, guns, 
dogs, etc. 

Sale. 

Advertisinqr. 



Disposition 
of funds. 



When owner 
escapes ar- 
rest. 



full, with costs to date. lie shall receive for money 
so paid a printed receipt, which shall in all instances 
bear the seal of the Board of Game Commissioners 
and the signature of the Secretary of the Boar<l. 
This receipt shall be evidence of a full satisfaction of 
the offense so committed. 

Section 16. Any person whose duty it is to protect 
the game of the Commoiiwealth, or any officer whose 
duty it is to preseiwe the i)eace of the Commonwealth, 
may arrest, without warrant, any person caught 
in the act of violating any provisions of this act, or 
in pursuit immediately following such violation ; and 
may seize all guns, shooting paraphernalia ; dogs, 
boats, decoys, or other appliances used in violation 
of any provision of this act ; and may seize all game 
found either in possession or under control of the 
suspected person, within this Commonwealth. All 
birds and animals, or parts thereof, not classed as 
game in this Commonwealth, thus seized, shall be 
held subject to the order of the Board of Game Com- 
missioners. All guns, boats, decoys, dogs, game, 
and shooting paraphernalia, seized when such arrest 
is made, shall be held subject to the determination 
of the proceedings instituted. Where the party ac- 
cused is convicted, all game seized shall be forfeited 
to the Commonwealth, and as soon as may be shall 
be forwarded to the most convenient hospital, or to 
a hospital designated by the Secretary of the (Jame 
Commission, for the use oi the sick or injured there- 
in. Unless the fine and costs are paid, all such 
seized guns, boats, decoys, dogs and shooting para- 
phernalia slial be sold at public auction, after ad- 
vertising the same for five days, by at least five pub- 
lic handbills conspicuously posted in the city, borough, 
or towmship wherein the conviction was secured. 
The sale shall be held by or under the authority of 
the proper alderman, magistrate, or justice. The 
cost of such advertising shall be part of the costs 
of prosecution, and shall be collected as such. Any 
fund thus arising shall be applied first to the payment 
of the costs of prosecution, then to the payment of the 
fine imposed. The remainder, if any, shall be re- 
turned to the owner of the property seized. Where 
game, dogs, boats, decoys, or shooting paraphernalia 
of any description shall be seized, and the owner 
thereof escapes arrest, and refuses to present himself 
and make claim to the property, all such game, after 
the lapse of three days after the seizure, shall be 



GAME, FISH, AND FORESTRY LAWS. 



45 



Sals 



Separate 
fund. 



forfeited to the Commonwealth, and shall be sent Foi-feiture. 
to the most convenient hospital, for the purpose be- 
fore indicated in this section. All guns, dogs, boats, 
decoys, and other shooting paraphernalia thus seized 
shall be held for a period of ten days ; after which 
time, if the owner thereof fail to appear and defend 
himself against tlie charges made, such property shall 
be sold in the manner pi-escribed for the sale of seized 
proj)erty after conviction. The fund arising from such 
sale shall be applied as in the case of the sale after 
<;onviction. The fact that imprisonment is suffered 
by any person convicted of violating any provisions 
of this act shall not prevent the sale of guns, dogs, 
boats, decoys, or other shooting paraphernalia of 
any description, held as the property of the impris- 
oned party, and tLe application of the fund thus 
r(^alized to the payment of the costs and the fine im- 
posed. 

• Section 17. All fines collected for violation of any 
of the provisions of this act shall be paid to the 
State Treasurer, as hereinbefore designated, who shall 
keep the moneys thus collected as a fund separate 
and apart, solely for the purpose of wild bird and 
game protection and for tlie purchase and propagation 
of game under the supervision of the Board of Game 
Commijisioners. The several purposes to which the 
fund shall be applied 
act of Assembly. 

Section 18. The 
I'epealed : — 

1. The act approved the eleventh day of May ,one 
thousand nine hundred five, entitled "An act author- 
izing the Board of Game Commissioners of the Com- 
monwealth of Pennsylvania to establish and main- 
tain, within th'^ ^orestry reservation of this Common- 
wealth, preserves for the protection and propagation 
of deer, wild-turkey, partridge, quail, woodcock, and 
wild-pigeons, and making an appropriation for the pur- 
pose of stocking and proj)agating the same." 

2. The act approved the fifteenth day of April, one April 
thousand nine hundred seven, entitled "An act giving 1907. 
additional protection to the game of the State and 
wild birds, within the limits of 'preserves' created 
under the provisions of the act of May eleventh, one 
thousand nine hundred and five, and under the control 
of the Board of Game Commissioners, and prescribing 
l)ena]tics for violation of its several provisions." 



shall be clearly designated by 
following acts are hereby totally 



Acts re- 
pealed. 

May 11, 
1905. 



15. 



46 



GAME, FISH, AND FORESTRY LAWS. 



Jtme 15, 
1911. 



3. 



The act approved the fifteenth day of June ,un«> 
thousand nine hundred eleven, entitled "An act to 
amend section one. and extend the provisions of an 
act, entitled 'An act giving additional protection to 
the game of the State and wild birds within the 
limits of "preserves," created under the provisions of 
the act of May eleventh, one thousand nine hundred 
and five, under the control of the Board of Game 
Commissioners, and prescribing penalties for violation 
of its several provisions,' approved the fifteenth day 
of April, Anno Domini one thousand nine hundred 
and seven. 

Approved— The 16th day oe April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



Act April 
21, 1915, P. 
L. 156, as 
amended by 
the Act of 
May 29th, 
1917, P. L. 
309. 

Dutj' of For- 
esters, Forest 
Rangers, 
Game Pro- 
tectors and 
Fish War- 
dens. 



Prosecutions. 



AN ACT 

Extending the powers and duties of Foresters. Forest 
Rangers, Game Protectors, Deputy Game Protestors, 
Special Deputy Game Protectors, Fish-Wardens an<l 
Deputy Pish Wardens of this Commonwealth. 

Section 1. As amended by the act of May 20tli, 
1917, P. L. 309. 

Section 1. Be it enacted, &c.. That from and after 
the approval of this act, it shall be the duty of each 
Forester and Forest Ranger in this Commonwealtli to 
enforce all the laws relating to forestry, fish, and 
game ; it shall be the duty of every Game Protector, 
Deputy Game Protector, or Special Deputy Game 
Protector, commissioned in this Commonwealth, to 
enforce all the laws relating to fish, game, and for- 
estry ; is shall be the duty of every Fish-Warden or 
Deputy Fish- Warden, commissioned in this Common-, 
wealth, to enforce all the laws relating to game, fish, 
and forestry, under the direction of that department 
or commission into whose special care the interests 
of these several subjects have been entrusted, namely : 
All prosecutions for violation of laws relating to for- 
estry shall be brought under the direction of the 
Department of Forestry ; all prosecutions for violation 
of the fish laws shall be brought under the direction 
of the Department of Fisheries ; and all prosecutions 
for violations of the game laws shall be brought under 
the direction of the Board of Game Commissioners ; 



GAME, FISH, AND FORESTRY LAWS. 



47 



aud, to that end, the powers of all the officers afore- 
said are hereby extended in such a way as to give 
them full authority to carry out the purposes of this 
act. It shall be the further duty of every such For- 
♦'Ster, Forest Ranger, Game Protector, Deputy Game 
Protector, Special Deputy Game Protector, Fisli 
Warden, and Deputy Fish Warden, whenever such 
official may have knowledge of the violation of any 
of the aforesaid laws, forthwith to make a full and 
complete report thereof to that department under 
which such official may be commissioned ; which de- 
partment, in case said law relates to a subject whose 
special care is entrusted to another department, shall 
at once forward such report to the appropriate de- 
partment charged with the enforcement of said law. 

Every person connected with either the Department 
of Forestry, or with the Department of Fisheries, or 
with the Game Commission, and under pay of the 
Commonwealth, who shall refuse or neglect to safe- 
guard, in a reasonable way, the interests of the Com- 
monwealth relating to either forestry, or fish, or game 
and wild birds, as provided for and intended by this 
act, or who, without prejudice to the work of that 
department to which he may specially belong shall 
refuse or neglect to investigate to a reasonable con- 
clusion any violation of the laws of this Common- 
wealth relating to either of the other departments 
named in this act that may be reported to him, or 
who may refuse or neglect to make the reports re- 
quired by this act, shall be guilty of a misdemeanor, 
and for the first offense shall be liable to penalty of 
twenty-five dolars, or in lieu thereof to an imprison- 
ment of one day for each dollar of penalty imposed, 
and for the second offense to double the penalty im- 
posed for the first offense, and for the third offense 
shall be discharged from the service of the State ; and 
it shall be the duty of the heads of the several de- 
partments mentioned in this act to notify the various 
employes of the State Government that may be under 
tlieir control, and that are under the pay of the State, 
of the requirements of this act. 

Section 2. All acts or parts of acts inconsistent 
with this act, in so far as they relate to the various 
subjects and Conditions considered by this act, and 
specifically changed by its provisions, are hereby re- 
pealed. 

Approved — The 21st day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



Powers of of- 
ficers extend - 

IHl. 



Must report 
to their de- 
partment. 



Neglect of 
duty. 



Misdemeanor. 
Penalty. 



Employes to 
be notified. 



Repeal. 



48 



GAME, FISH, AND FORESTRY LAWS. 



Act May 
14th, 191.'., 
P. L. aMO. 



Exccutivo 
Departint'iit. 
Froclama- 
tioii. 

Closure of 
county or 
comities, or 
part thereof 
to hunting 
or fishing, 
etc. 

Closure of 
streams to 
fishing. 

Violations. 



Penalty. 



Repeal. 



AN ACT 

Authorizing tlio Governor of the Coinnionvvealth of 
Pennsylvania, through proclamation, to close any 
county or counties, or any section of any county of 
Pennsylvania, to hunting or fishing, or to close any 
stream or Darts of streams to fishing, when such 
action is necessary to conserve either the health or 
welfare of our people or our natural resources. 

Section 1. P>e it enacted, &c. That from and after 
the passage of this act. the Governor cf Pennsyl- 
vania shall have authority, through proclamation, to 
close, for a period not to exceed one season at one 
time, any county or counties, or any section of any 
county, of this (^immonwealth, to either hunting or 
fishing, or to close any stream or part of streams to 
fishing, because of excessive drouth and consequent 
danger from forest fires, low water, and the presence 
of contagious or infectious diseases, when such action 
may be necessary to conserve either the health or 
welfare of our people or our natural resources. 

Section 2. Each and every person wilfully violating 
any provisions of such proclamation shall be guilty of 
a misdemeanor, and upon conviction shall be liable to 
a penalty of not less than twenty-five dollars or more 
than one hundred dollars, or to imprisonment for not 
more than one "-ear, both or either, as in the opinion 
of the court hearing the case may appear necessary. 

Section 3. All acts or parts of acts Inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 14th day of May. A. D. 1915. 

MARTIN G. BRUMBAUGH. 



GAME, FISH, AND FORESTRY LAWS. 



49 



AN ACT 

To give additional pi'otectioii to wild birds and ani- 
mals and game within the Commonwealth of Penn- 
sylvania ; prohibiting the hunting for, or capture or 
killing, of such wild birds or animals or game by 
unnaturalized foreign-born residents ; forbidding the 
ownership or possession of dogs by any unnatural- 
ized foreign-born resident within the Common- 
wealth ; and prescribing penalties for violation of its 
])rovisions. 

Section 1. Be it enacted, &c., That it shall be un- 
lawful for any unnaturalized foreign-born resident to 
hunt for, or capture or kill, in this Commonwealth, 
any wild bird or animal, either game or otherwise, of 
any description, excepting in defense of person or 
property ; and to that end, it shall be unlawful for 
any unnaturalized foreign-born resident, within this 
Commonweakh to either own or be possessed of a 
dog of any kind. Each person violating any provision 
of this section shall, upon conviction tliereof, be sen- 
tenced to pay a fine of twenty -five dollars for each 
offense, or undergo imprisonment in tlu^ common jail 
of tlie county for the period of one day fur each dollar 
of fine and cost. In addition to the before-named 
fine, all dogs of the before-mentioned kinds found in 
possession or under control of an unnaturalized for- 
eign- born resident, shall, upon conviction of such per- 
son, or upon his signing a declaration of guilt as pre- 
scribed by this act, be declared forfeited to the Com- 
monwealth of Pennsylvania ; and shall be either killed 
in a humane manner and disposed of by the officer 
making the complaint, at the cost of the owner, or 
shall be turned over to the nearest agent of the society 
for the prevention of cruelty to animals, to be put to 
death in a humane manner. 

Section 2. ^Jor the purposes of this act, any un- 
naturalized foreign-born person who shall reside or 
live within the boundaries of the Commonwealth of 
Pennsylvania for ten consecutive days shall be consid- 
ered a residput. and shall be liable to the penalties im- 
posed for violation of the provisions of this act. 



Act June 
1, 1915. 
P. L. 644. 



Wild birds 
and animals 
and game. 
Himting for, 
etc., by 
unnatural- 
ized foreign - 
bom resi- 
dents. 

Possession or 
owning of 
dog prohibit- 
ed. 

Violation 
Penalty. 



Forfeiture 
of dogs. 



Resident. 



56 



GAME, FISH, AND FORESTRY LAWS. 



rosbossioii 
of a dog 
©utside 
buildings. 

Violation. 
Fine. 

Pieseiue u£ 
dog in 
room, house, 
tent, camp, 
etc. 

Violation. 



Fine. 

St»ir«re 
of d«g«. 



Arrests. 



Sunday ar- 
rests. 



Power of 

summary 

conviction. 



Section 3. The possession of a clog at any i)lac<' 
outside of buildings, within this Commonwealth, by 
an unnaturalized foreign-born resident, shall be con- 
clusive proof of a violation of the provisions of sec- 
tion one of this act, and shall render any person con- 
victed thereof liable to the fine as fixed by said sec- 
tion. 

Section 4. The presence of a dog in a room or house 
or building or tent or camp, of any description, within 
this Commonwealth, occupied or controlled by an un- 
naturalized foreign-born resident, shall be prima facie 
evidence that such dog is owned or controlled by the 
person occupying or controlling the property in whicii 
such dog is found, and shall rendei- such person liable 
to the fine imposed by section ©ne of this act. 

Section 5. Notice of the seizure of all dogs made 
for violation of an^ provisions of section one of this 
act shall be sent to the Board of Game Commissioners, 
at Harrisburg, by the officer making such seizure, im- 
mediately after the final verdict in any prosecution 
brought for violation of said provisions, or upon thp 
signing of the acknowledgment of guilt as hereinafter 
provided ; and the dog so seized shall be either killed 
in a humane manner and disposed of by the officer 
making the complaint, at the cost of the owner, or 
shall be turned over to the nearest agent of the society 
for the prevention of cruelty to animals, to be put to 
death in a humane manner. 

Section 6. All duly appointed and sworn officers 
of the Board of Game Commissioners of this Common- 
wealth, and all constables, police officers, members of 
the State Constabulary, forestry-wardens, fish-war- 
dens, and all peace officers of the Commonwealth, 
shall arrest, without warrant, any person whom they 
have good reasons to suspect as belonging to the class 
of unnaturalized foreign-bom residents, when they find 
such person with dogs in their possession within the 
Commonwealth of Pennsylvania. Such arrests may 
also be made upon Sunday, in which case the person 
or persons, so arrested, for safe-k- ing may be com- 
mitted to the jail or lock-up for that dfly, but shall bo 
taken before the proper magistrate and proceeded 
against on a week-day following the arrest. 

Section 7. Each magistrate, alderman, and justice 
of the peace within this Commonwealth shall have the 
power of summary conviction pertaining to the viola- 
tion of any of the provisions of this act. All actions 
for violation of any of the provisions hereinbefore- 



GAME, FISH, AND FORESTRY LAWS. 



51 



mentioned, excepting where the defendant is taken in 
the act, or in a pursuit immediately following the 
act, shall be commenced within one year of the time 
of such violation. Each magistrate, alderman, and 
justice of the peace, on complaint made before him, 
on aflidavit of any person, of a violation of the pro- 
visions of this act by any person, shall issue his war- 
rant, under his hand and official seal, directed to any 
constable, police officer, game protector, fish warden, 
or any other officer of the State known as a police 
officer and authorized to serve warrants, and cause 
such person to be brought before such magistrate, 
alderman, or justice of the peace, who shall hear the 
evidence and determine the guilt or innocence of the 
party charged. If the accused be convicted of such 
offense, he shall be sentenced to pay the fine pre- 
scribed by the section violated, and pay all costs of 
prosecution. All fines collected in cases where the 
prosecutor is a naid officer of the Commonwealth 
shall be immediately surrendered by the court re- 
ceiving the same to such prosecutor, who in turn 
shall, as soon as may be, forward or deliver such 
amount in full to the Secretary of the Board of Game 
(Commissioners, wiio shall at once deposit the same 
in the State Treasury, wiiere it shall be kept separate 
and apart as a part of a fund to be used solely for 
the protection and propagation of game under the 
direction of the Board of Game Commissioners. 
Where any other than a paid officer of the Common- 
wealth is the prosecutor, * * * Under the provi- 
sions of the act of June 7, 1919, P. L. 423, the entire 
penalty * * * shall be forthwith 

forwarded to the Secretary of the Game Commission 
at Harrisburg, together with a statement of the cause 
for which said money shall have been collected. The 
cost of which statement is hereby fixed as fifty cents, 
and made a part of the costs of prosecution. It 
shal be the duty of the Board of Game Commissioners 
to keep a record of the cases for which said money 
was collected, and to deliver the fund thus arising, 
at least once a month, to the State Treasurer, who 
shall keep it separate and apart as a part of a fund 
to be used solely for the protection and propagation 
of game under the direction of the Board of Game 
Commissioners, Any defendant refusing to pay such 
fine, with the costs of prosecution, shall be com- 
mitted to the common jail of the county, for a period 
of one day for each dollar of fine imposed, unless he 



Warrants. 



Hearing. 



Sentenoe. 



Disposition 
of flues. 



Statement 



Record. 



Refusal to 
pay. 



52 



GAME, FISH, AND FORESTRY LAWS. 



Commitiiiont. 



Acknowlerla- 
inent of of- 
fense. 

i'ayinent. 



neroipt. 



shall enter a good and suflScient recognizance, with 
one or more sureties, to pay such fine within ten 
days, or to answer such complaint, upon the charge 
of misdemeanor, before the court of quarter sessions 
of the peace, county in which the offense was com- 
mitted. Such court, upon conviction of the defendant 
of such offense, on his failure to pay the fine imposed, 
together with the costs of prosecution, shall commit 
such defendant to the common jail of the county, for 
a period of one day for each <lollar of fine and costs. 
Any person charged with violation of any of the pro- 
visions of this act, may, at his discretion, sign an 
.acknowledgment of the offense committed, and pay 
any duly sworn Game Protector the fine in full, as 
fixed bv the section violated, with costs to that date. 
The printed receipt therefor, which shall in every 
instance bear the seal of the Board of Game Com- 
missioners and the signature of its Secretary, shall be 
evidence of full satisfaction for the offense committed. 

Approved — The 1st day of June, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



Act May ri, 
1917, P. L. 
151. 



(iiime Com- 
iiiission. 

Non-resident 
\nini"ers. 



AN ACT 

For the better protection of wild animals and birds 
and game within this Commonwealth ; requiring non- 
residents to procure a license before hunting in this 
Commonwealth ; providing penalties for violation of 
any of its several provisions ; and prescribing the 
disposition of license fees and penalties received. 

Section 1. Be it enacted, &c.. That from and after 
the passage of this act, it shall be unlawful for any 
person residing outside of this Commonwealth to hunt 
for wild birds or wild animals of any kind found in 
the fields, in the forests, or on the waters of this 
Commonwealth, with firearms, or with a device of any 
kind propelling with force a leaden or metal pellet 
or bullet, or through the use of traps, or, except in 
the defense of person or property, to shoot at or kill, 
or pursue with intent to take, kill, or wound, any 
such wild birds or wild animals, tlius found within 

this Commonwealth, without first securing a license 
to so do, in accordance with the provisions of this act. 



GAME, FISH, AND FORESTRY LAWS. 



53 



Section 2. Every non-resident of this Commou- 
wt^altli, except as otherwise provided by the laws of 
this Commonwealth, — such person being a citizen of 
the United States — upon application made verbally or 
in writing to any county treasurer, or to the Secre- 
tary of the Game Commission at Harrisburg, and the 
presentation of proof that he is a citizen of the United 
States, and the payment of ten dollars to said county 
treasurer or Secretary of the Game Commission, shall 
be entitled to what is herein designated as a "Non- 
Resident Hunter's License," and a tag with the num- 
ber of the license thereon, and said license and tag 
sliall not be transferable. 

For services rendered in issuing such license and 
tag, each county treasurer shall be entitled to retain 
five per centum of all license fees received ; and shall, 
at least once a month, forward to the State Treasury, 
for purposes hereinafter designated, all balances from 
such fees in his hands ; and shall, at the end of each 
week, forward to the Secretary of the Board of Game 
Commissioners at Harrisburg a statement, upon a 
form provided for such purpose by the Game Commis- 
sion, giving the names of the parties receiving non- 
resident licenses during that week, together with 
their places of residence, their ages as stated in the 
licenses, and the number of such licenses issued to 
them. 

Section o. Said license shall be issued on a form 
prepared and supplied by the Board of Game Commis- 
sioners at the cost of the Commonwealth, and shall 
bear a description of the person applying for the same 
with the date of its issue, and shall authorize the 
person named therein to use legal firearms or traps 
for the purpose of hunting any of the wild animals 
or birds, either game or otherwise, of this Common- 
wealth, under the restrictions and requirements of 
existing laws, during that year, the date of which is 
inscribed thereon. Said certificate shall become void 
upon the thirty-first day of December next following 
the date of issue. The Game Commission shall also 
furnish free of charge, and the county treasurer shall 
issue, with each license, a tag bearing the license 
number, in figures at least one inch in height, which 
tag such licensee shall, at all times while either hunt- 
ing or going to or coming from such hunt, have at- 
tached to his outer garment, either at the back or the 
sleeve, between the shoulder and elbow, or on his 
back, where the figures thereon can be readily seen. 



Application 
lor license. 

* 



Fee. 

Non-Itesident 
Hxmtei's Li- 
cense. 

Tag. 

County treas- 
urer's com- 
mission. 



Disposition 
of fees. 

Statement. 



Form of li- 
cense. 



Authority. 



Term of li- 
cense. 



Tags. 



Di.splay of 
tag: 



54 



GAME, FISH, AND FORESTRY LAWS. 



Evidence of 
violation. 

Display of 
tag. 

Exhibition of 
license. 



Refusal or 
iipglect. 



Penalty. 

Jurisdiction 
for summary 
conA-iction. 



Convictions. 



Penalties. 



Fine. 



Additional 
penalties. 



Elk. 



Section 4. Possession of a gun, or the setting or 
control of a trap of any kind, in the fields or in the 
forests or on the waters or on the highways of this 
Commonwealth, by non-residents of this Common- 
wealth, without having secured the license required 
by this act, duly issued in his or her name, shall be 
prima facie evidence of a violation of its provisions ; 
and shall render such person liable to display his 
license-tag, as aforesaid, and to show his non-resident 
hunters' license to any officer of this Commonwealth 
whose duty it is to protect the game and wild birds 
of the Commonwealth ; or, upon demand by tbe^owner 
or the lessee, or by the employe or representatives of 
such owner or lessee, upon whose lands such person 
may be found in this Commonwealth : and for failure 
to display the license tag as provided for by this act, 
or for refusing or neglecting to comply with such re- 
quest, such person neglecting or refusing to display his 
license tag, as aforesaid, and exhibit his non-resident 
huntere' license, or in any manner violating any pro- 
vision of this section, shall be liable to the penalties 
imposed by this act for hunting without a license. 
^ Section 3. Jurisdiction for summary conviction for 
violation of any of the provisions of this act is hereby 
specifically given to all aldermen, magistrates, and 
justices of the peace. 

Any person who shall be convicted summarily, by 
any alderman, magistrate, or justice of the peace of 
the county, of a violation of any of tlie provisions of 
this act, shall be sentenced to pay a penalty as fol- 
lows : — 

If the defendant has violated any of the provisions 
of this act, but has not killed or captured any game 
or wild animal, nor resisted arrest, nor refused to go 
with the arresting officer, nor interfered with the ar- 
resting officer, the fine shall be twenty-five dollars for 
each offense, and each day he may have so hunted con- 
trary to the provisions of this act shall be considered 
a separate offense. 

In addition to the foregoing fine, the defendant shall 
pay a penalty as follows : — 

If the defendant has killed or wounded an elk, the 
penalty shall be two hundred dollars, with six months* 
imprisonment. If he has shot at an elk, but has not 
wounded or injured same, the fine shall be one hunr 
dred dollars. 



GAME, FISU, AND FORESTRY LAWS. 



S6 



If the defendant has killed or wounded, or attempted 
to kill or wound, a deer, the fine shall be one hundred 
dollars. 

If the defendant has killed or wounded, or attempted 
to kill or wound, a bear, the fine shall be fifty dollars. 

If the defendant has killed or wounded, or attempted 
to kill or wound, a game-bird, of any kind, the fine 
shall be twenty-five dollars. 

If the defendant has resisted arrest for violation of 
tlie provisions of this act, or has refused to go with 
the officer making the arrest, or has in any manner 
interfered with the arresting officer, the fine shall be 
one hundred dollars. 

In default of payment of the fine, the defendant shall 
be sentenced to imprisonment at the rate of one day 
for each dollar of the fine, and costs. 

Either the prosecutor or defendant, being dissatis- 
fied with the finding of the magistrate, justice of the 
peace, or alderman, in a trial for a violation of any 
provision of this act, shall be entitled to an appeal, 
under the provisions of section fourteen of article five 
of the Constitution, and of the laws of Pennsylvania 
iclating thereto. 

Section 6. If the prosecutor is a paid game pro- 
tector, the fine shall be paid to the prosecutor, who 
si 1 all forward it to the Secretary of the Game Com- 
mission, who shall pay it into the State Treasury, for 
the use of the Game Commission as hereinafter pro- 
vided. 

Section 7. If the jtrosecutor is other than a paid 
Game Protector, one-half of the fine shall go to the 
prosecutor, and shall be paid to him by the alderman, 
magistrate, or justice receiving the sarne. The re- 
maining half of the fine shall be forwarded, by said 
alderman, magistrate, or justice of the peace, within 
t«'n days, to the Secretary of the Game Commission, 
viio shall deposit it into the State Treasury, for pur- 
poses hereinafter designated. 

Section 8. Any person charged with the violation 
of any of the provisions of this act, may, in his dis- 
cretion, sign an acknowledgment of the offense com- 
mitted, and pay to the duly authorized Game Pro- 
t(^ctor or Deputy Game Protector, the proper fine in 
full, with costs to date. He shall receive for money 
so paid a printed receipt, which shall in all instances 
bear the seal of the Board of Game Commissioners, 
and the signature of the Secretary of the Board. This 
receipt shall be evidence of a full satisfaction of the 
offense so committed. 



Deer. 

Bear. 
Game-bird. 



Resistiug ar- 
rest, etc. 



Default in 
payment of 
fines. 



Appeals. 



Disposition of 
fines. 



Disposition of 
fines. 



Acknowledg 
ment of 
offense. 



Receipt. 



56 GAME, FISH, AND FORESTRY LAWS. 

AiTC'sts. Section 9. Any person whose duty is it to in-otcct 

the game of the Commonwealth or any officer whos»> 

duty it is to preserve the peace of the Commonwealtli, 

may arrest, without warrant, any person caught in 

the act of violating any provisions of this act, or in 

pursuit immediately following such violation ; and may 

seize all guns, shooting paraphernalia, traps, dogs, 

boats, decoys, or other appliances used in violation 

SfizTires. of any provision of this act: and may seize all birds 

or animals, game or othei-wise, found either in pos- 

:i7 session or under control of the suspected person 

Disposition within this Commonwealth. All guns, traps, boats, 

of guns, decoys, dogs, game, and shooting paraphernalia seized 

traps:, fie. when such arrest is made, shall be held subject to the 

determination of the proceedings instituted. Whero 

Game. the party accused is convicted, all game seized shall 

be forfeited to the Commonwealth ; and as soon as 

may be shall be forwarded to the most convenient 

hospital, or to a hospital designated by the Secretary 

of the Game Commission, for the use of the sick or 

injured therein. 

All birds and animals, or parts thereof, not classed 
as game in this Commonwealth, thus seized, shall be 
held subject to the order of the Board of Game Com- 
missioners. 

Unless the fine and costs are paid, all such seized 
guns, traps, boats, decoys, dogs, and shooting para- 
Saie ax auo- phernalia shall be sold at public auction, after adver- 
tion. tising the same for five days by at least five public 

handbills conspicuousy posted in the city, borough, or 
township wherein the conviction was secured. The 
sale shall be held by and under the authority of the 
Game Commission. The cost of such advertising shall 
be part of the costs of prosocution. and shall be col- 
Pispositi'ui lected as such. Any fund thus n rising shall be ap- 
of fund. i)lied. — first, to the payment of th^^ costs of prosecu- 

tion ; then, to the payment of the fine imposed. The 
remainder, if any, shall be returned to the owner of 
the property seized. 

Where guns, traps, game, dogs, boats, decoys, or 
shooting paraphernalia of any description shall be 
seized, and the owner thereof escapes arrest, and re- 
fuses to present himself and make claim to the prop- 
erty, all such game, after the lapse of three days after 
Forfeitures. the seizure, shall be forfeited to the Commonwealth, 
and shall be sent to the most convenient hospital, for 
the purpose before indicated in this section. All guns, 
traps, dogs, boats, decoys, and other shooting para- 



GAME, FISH, AND FORESTRY LAWS. 



57 



phernalia thus seized shall be held for a pediod of 
ten days ; after which time, if the owner thereof fails 
to appear and defend himself against the charges 
made, such property shall be sold in the manner pre- 
scribed for the sale of seized property, after convic- 
tion. The fund arising fropi such sale shall be applied 
as in the case of the sale a'fter conviction. 

The fact that imprisonment is suffered by any per- 
son convicted of violating any provisions of this act 
shall not prevent the sale of guns, dogs, boats, decoys, 
or other shooting paraphernalia of any description, 
lield as the property of the imprisoned party, and the 
application of the fund thus realized to the payment 
of the costs and the fine imposed. 

Section 10. All license fees, and all fines collected 
for violation of any of the provisions of this act, shall 
be paid to the State Treasurer, as hereinbefore desig- 
nated, who shall keep the moneys thus collected as a 
fund separate and apart, solely for the purpose of wild 
bird and game protection, and for the purchase and 
l)ropagation of game, under the supervision of the 
Board of Game Commissioners. The several purposes 
to which the fund shall be applied shall be clearly 
<losignated by act of Assemby. 

Section 11. An act, entitled "An act requiring non- 
resident hunters, and unnaturalized, foreign-born resi- 
dent hunters, to procure a license before hunting in 
this Commonwealth, and providing penalties for vio- 
lation of its provisions, and repealing an act approved 
the twenty-fourth day of April, one thousand nine 
liundred and one," approved the fourt'>enth day of 
April, one thousand nine hundred and tliree (Pamph- 
let Laws, one hundred seventy-eight), is hereby re- 
pealed. 

Approved— The .^d day of May, A. D. 1917. 

MARTIN G. BRUMBAUGH. 

\ 



Sale. 



In case of 
imprison- 
ment. 



Disposition 
of fees and 
fines. 



I 



Act of April 
24, 1903 (P. 
L. 178), citPil 
for repeal. 



Repeal. 



58 



GAME, FISH, AND FORESTRY LAWS. 



Act of June 
7, 1917, P. I 



Game. 

"Person" de- 
fined. 



Singular and 
plural. 



Gender. 
Game-birds. 



Ganie-aiii- 
mals. 



"OpeH sea- 
Bon" de- 
fined. 



AN ACT 

To provide for the protection aud preservation of 
game, game-quadrupeds, and game-birds, and song 
and insectivorous and other wild birds, and pre- 
scribing penalties for violation of its several pro- 
visions. 

Section 1. Be it enacted, &c.. That whenever in 
this act the word person is used, such word shall be 
taken to include every person, partnership, institution, 
association or corporation, or the agent or agents or 
emploj'e thereof. 

All words or terms in this act which refer to persons 
or individuals, and which arc in the singular number, 
shall be taken to include the plural number, and the 
words of the plural number shall include the singular 
number. All words of a masculine gender shall be 
taken to include the feminine gender. 

The following shall be considered game-birds : The 
anatidae, commonly known as swan, geese, brant, and 
river and sea-ducks ; and the pygopodes, known as 
loons and grebes, — the members of these two orders 
being commonly known as wild water-fowl ; the ralli- 
dae, commonly known as rails, coots, mud-hens, and 
gallinules ; the limicolae, commonly known as shore- 
birds, plover, surf-birds, snipe, woodcock, sand-pipers, 
tattlers, and curlew ; the gallinae, commonly known 
as wild-turkey, grouse, pheasants, partridges, and 
quail ; and the birds commonly known as reed birds 
and black-birds. 

The following shall be considered game-animals : 
The wapiti or elk, the deer, the bear, the wild rabbit, 
and hare ; the * * * gray, black, and fox squirrel, 
and the raccoon. 

The time during which game may be legally taken 
or killed shall be known as the open season ; and in 
the designation of seasons and other periods under 
this act, and under all other laws of this State for 
the protection of game, such open season or. period 
shall include both the first and the last day or date 
mentioned in the designation. 



*The red squirrel was taken from the list of game animals 
by tlie act of .Tuly 9tli, 1919 P. L. 823. 



GAME, B^ISH, AND FORESTRY LAWS. 



68 



Tlie time during which game may not be legally 
taken or killed shall be known as the close season. 

Section 2. Whenever, because of a violation of any 
provision of this act, a person shall be convicted for 
a first offense and a penalty be imposed, and defendant 
shall neglect or refuse to immediately pay said amount, 
together with the costs of prosecution, in lawful money 
of the United States, he shall be at once committed 
to the common jail of the county for a period of one 
day for each dollar of penalty and costs imposed ; 
unless he shall enter into good and sufficient recog- 
nizance to pay said penalty and costs within a period 
of ten days after the date of his said conviction, or 
shall certiorari the proceedings, or shall carry the case 
to a higher court on appeal, as provided for in this 
act. For the second or any other offense after the 
first offense the defendant shall, in addition to the 
penalty prescribed for the first offense, suffer an im- 
prisonment of one day in jail for each dollar of pen- 
alty imposed, and shall be denied the right to hunt 
for a period of two years from the date of his con- 
viction, under a penalty of twenty-five dollars for each 
dav such person may hunt contrary to this provision. 

Any person convicted or pleading guilty under the 
provisions of this act, who prior to its passage was 
convicted of a violation of the game laws, or who paid 
a penalty for a violation of such game laws on a 
signed acknowledgment of guilt and received a field- 
receipt therefor, shall be sentenced under this act in 
the same manner as a person convicted under the fore- 
going provisions relative to a second offense against 
this act. 

In every case of a conviction for violation of any 
provision of this act, wherein a defendant suffers im- 
prisonment in lieu of a cash payment of the penalty 
and costs imposed, all traps, guns, shooting parapher- 
nalia, boats, decoys and other appliances used in vio- 
lation of the law, and found or proven to have been 
either in possession or under control of the defendant 
at the time of such violation, shall be and they are 
hereby declared forfeited to the Commonwealth of 
Pennsylvania, and shall be sold under the direction of 
the Board of Game Commissioners, if possible in quan- 
tity suflicient to pay said penalty and costs ; and the 
money thus secured be applied by them, first, to the 
payment of the costs incurred, and the balance, if 
any, be deposited with the State Treasurer, for the 
purposes hereinafter designated ; the defendant being 



"Close sea- 
son deflnecl. 

Violations. 

First offense. 
Penalty. 



Bail. 



Second or 
other of- 
fense. 

Penalty. 



Prior convic- 
tioir, or plea 
of guilty. 

Penalty. 



In case of 
imprison- 
ment. 



Forfeiture. 



Sale. 



Disposition 
of money. 



60 



GAME, FISH, AND FORESTRY LAWS. 



Game laws 
construed. 

When provi- 
sions of this 
;ict shall not 
iipply. 



When penal- 
ties shall not 
attach. 



(irantiiiK of 
certificates. 



Sworn state- 
ment before 
renewal. 



Ordinary 
Certificate. 



entitled to a credit of one day off his imprisonment for 
each dollar so deposited, for the iirst offense only. 
Any personal property belonging to such defendant, 
beyond that necessary to secure the payment of the 
said penalty and costs and the costs of sale, shall be 
returned to said defendant. 

Section 3. The game laws of this Commonwealth 
shall not be construed to apply to any public zoologi- 
cal garden of the State, or to any public institution 
of the State wherein animals or birds may be main- 
tained alive, for educational purposes or for the pur- 
pose of scientific study or experiment ; or to the Board 
of Game Commissioners, or to its duly authorized 
agent acting for the State ; and no law shall be lield 
to prevent the Board of Game Commissioners, through 
its duly authorized agent, from destroying bicds or 
animals destructive to game, in such manner as they 
may direct. Nor shall the penalties as attached to 
any game law be construed to apply to any person 
legally acting under tlie provisions of a certificate is- 
sued by the Board of Game Commissioners, as pro- 
vided for in this act ; in which case the holders of 
such certificates shall be limited to the rights and 
privileges therein named. 

The said Board shall be empowered to grant certifi- 
cates, at their discretion, which shall be good for the 
term of one year from their date and shall not be 
transferable. These certificates may b*- issued to any 
person of known scientific attainment in ornithology, 
within the Commonwealth, or to the agent of any 
public museum in this Commonwealth, or to a teacher 
of ornithology in any school within this Common- 
wealth, authorizing the holder thereof to take birds, 
their nests, and eggs for strictly scientific study ; or 
to any person desiring to raise game in captivity for 
propagation purposes, within the State ; or to a per- 
son desiring to own or sell ferrets, or to a person 
qualified to practice taxidermy ; and at the expiration 
of any of these licenses, the holder shall file a sworn 
statement, covering all his transactions under such 
license, before a renewal license may be granted in 
accordance with the following provisions : 

Section 4. A certificate, to be known as an Ordi- 
nary Certificate, may be granted by the Board of 
Game Commissioners to any properly accredited per- 
son, residing within the Commonwealth and legally 
authorized to act as the agent of any public museyim 
Avithin the Commonwealth : or to any one i*esiding 



GAME, FISH, AN1> FUKESTRY LAWS. 61 

within the Commonwoalth. who is n teacher of orui- 
rliology in any school within the Commonw'ealth, per- 
niittinjf the holder thereof to collect wild bird* other 
than game-birds, their nests and eggs, for mounting, 
for strictly scientific study, but not for sale or ex- 
change, or shipment from or removal out of this Com- 
monwealth, without the written consent of the Presi- 
dent of the Board of Game Commissioners. The num- 
ber of birds that may be taken under a certificate of 
this character shall be limited to eight of each species 
with nests to the number of two and the eggs found 
therein. 

A certificate to be known as a Special Certificate, to special Cer- 
take birds for strictly scientific study, may be issued tiftcate. 
by the Board of Game Commissioners, and shall be 
controlled by the same conditions and requirements as 
the Ordinary Certificate, excepting that such certifi- 
cate may be issued only to a person, residing within 
the Commonwealth, of know'n scientific attainment in - 
ornithology; in which case the holder thereof shall be 
authorized to take the wild birds and animals of this 
State, without limitation, for strictly scientific study 
<tr experiment, but not for sale or exchange, or ship"- 
ment from or removal out of the State, without the 
written permission of the President of the Board of 
Game Commissioners. 

Persons having either of the above certificates, and vioiatiois. 
taking a greater number of birds, their nests or eggs, 
than is permitted by this act, or the shipping of the 
same out of the State, or the sale of skins of such 
birds or parts thereof, either mounted or otherwise, 
excepting as herein provided, or in any manner violat- 
ing any provision of this act, shall be subject to the Penalty, 
penalties prescribed by existing law, in the same man- 
ner and to the same extent as though no certificate 
had been issued. Upon the conviction of the prin- 
cipal, therein named, of having violated any provision 
of this section relative to either of these certificates, 
the certificate shall become void, and the holder of 
such recalled certificate shall be denied a renewal 
therof for a period of three years. 

In order to secure either an Ordinary or a Special Application 
Certificate, the person desiring same shall file w'ith for certift- 
the Secretary of the Board of Game Commissioners *'^*^- 
a petition asking that such privilege be granted to Fee. 
him, and shall pay to said Secretary one dollar. 

Section 5. It shall be unlawful for any person to Ferrets. 
breed or sell ferrets, or in any manner to offer to sell 



62 



GAME, FISH, AND FORESTRY LAWS. 



License. 
Fee. 

V'iolatione. 
renalty. 



Taxidermy 
fpr profit. 



I'roof of vio- 
hiti m. 



Pfiiilty. 



Report from 
taxidermists, 
before re- 
newal. 



ferrets, either for himself or as the agent of another, 
or to have a terret in possession, except by virtue of a 
license to be issued by the Board of Game Commis- 
sioners ; which said license may be issued, at their 
discretion, by the said Board, upon application made 
by any person residing within this Commonwealth, 
and the payment of twenty-five dollars upon the part 
of a breeder of or a dealer in ferrets, and one dollar 
upon the part of such person as may desire to own a 
ferret without breeding same. Any person violating 
this section shall, upon conviction, be liable to a pen- 
alty of twenty-five dollars for each ferret bred for 
sale, sold, or in any manner offered for sale, or had 
in possession, contrary to this section. 

Section G. Any person desiring to practice taxi- 
dermy for profit shall, before beginning such practice, 
secure from the Secretary of the Board of Game Com- 
missioners a certificate authorizing him to act thus; 
and the possession of such certificate sliall authorize 
such person to receive from any person the skin, or 
any part thereof, of any bird or animal that has been 
either legally or accidentally killed, and to tan or cure 
or mount the same, cither himself or through any 
legitimate employe, for wages or hire ; but no taxi- 
dermist or other person shall remove out of the Com- 
monwealth, or permit such removal out of the Com- 
monwealth, or sell such mounted specimen, before 
written permission to so do has been procured from 
the President of the Board of Game Commissioners. 

Proof of the fact that any person shall attempt to 
practice taxidermy for profit, or shall collect or at- 
tempt to collect either wild birds of the Common- 
wealth or the nests or the eggs of such birds pro- 
tected by the laws of this Commonwealth, without first 
securing the license required by this act, shall render 
such person liable to a penalty of twenty-five dollars 
for each offense, and, in addition to the fines and 
penalties imposed by the laws of this Commonwealth 
for the taking or killing during the close season of 
such bird or animal as may be found in his posses- 
sion, or the interfering with birds' nests, as the case 
may be. 

The holder of a certificate authorizing the practice 
of taxidermy shall be required, before a second or any 
other certificate shall be issued to him, to file with 
the Secretary of the Board of Game Commissioners, 
at Harrisburg an itemized statement in writing, un- 
der oath, of all skins or parts thereof of either wild 



GAME, FISH, AND FORESTRY LAWS. 



63 



birds or animals, either mounted by himself or under 
liis direction, or sold by him under the provisions of 
this act, with the name and place of residence of the 
persons from whom the same were received, and to 
whom such specimens were sold. He shall also answer 
truthfully and without evasion any question relative 
to the ownership of any specimen of bird or animal 
found in his possession or under his control, or that 
has passed through his hands, killed in this Common- 
wealth by any person other than himself, that may be 
Msked him by an officer or representative of the said 
Board of Game Commissioners. A failure to so re- 
port or to answer the questions asked under the pro- 
visions of this section, shall be considered a just cause 
for refusal upon the part of the Board of Game Com- 
missioners to renew the certificate of any taxidermit. 

The petition necessary to the securing of such cer- 
tificate shall be accompanied by the written statement 
of at least two well-known citizens of the community 
in which said applicant may reside, certifying to the 
good character and fitness of said applicant to be en- 
trusted with said authority, and such applicant shall 
pav to the Secretary of said Board the sum of one 
dollar for such certificate. 

Section 7. A certificate, to be known as a Propaga- 
ting Certificate, may be issued by the Board of Game 
Commissioners to any accredited person residing with- 
in this Commonwealth, of the age of twenty-one years 
or upwards, permitting the holder thereof and his 
assistants to breed or raise game-quadrupeds or game- 
birds of any kind, both or either, and to sell the same, 
dead or alive, at any time within the Commonwealth, 
under the following restrictions and regulations : 

Any person or corporation or association desiring to 
raise either animals or birds classed as game for sale 
shall file with the Secretary of the Board of Game 
Commissioners, at Harrisburg, a petition asking for 
this privilege. 

In all cases where the premises intended to be 
used for this purpose are under the control of a com- 
pany or association, the petition shall bear the name 
of the president of such body, and the certificate shall 
be issued in his name. This petition shall be ac- 
companied by a written description of the premises 
to be used for such purpose, with the location : which 
said premises, in the matter of raising of small game. 



Failure to le- 
port or to 
answer. 



Statement to 
accompany 
petition . 



Propagjiting 
certificate. 



Petition. 



Premises. 



m 



GAME, FISH, AND FORESTRY LAWS. 



be in such form as to the operator thereof seems 



rr«'?->Tv»»s. 
Fence. 



Forfeiture of 
boiKlfs, etc. 



Violatiuns. 



Fee. 
Bond. 



Record shall 
be kept. 



Itemized 
statement to 
be filed. 



suited to his purposes, so long as 



t, CIO wild game is 
property. 

other ]arg«' 

surrounded 

game pre- 



such hinds, 
officer of the 



under 
Game 



may 

best 

prevented from coming onto such 

In the matter of the raising of deer or 
game the preserve shall, in all cases, be 
by a wire fence of approved pattern for 
serves, with a height of not less than eight feet, so 
constructed and maintained as to absolutely prevent 
wild deer from jumping into said preserve or in any 
manner passing into said i)reserve from the outside. 
It being alsc* distinctly understood, that, before the 
fence surrounding any preserve of this character shall 
be completed or closed, all wild deer that may be 
found upon said territory shall be, as far as possible, 
driven therefrom by the owner of 
the direction and supervision of an 
Commission. 

The bond hereinafter provided for .shall be forfeited 
to the Commonwealth and the certificate become void 
upon the conviction of the principal therein named 
of having violated any provision of this section, or 
having knowingly or negligently permitted any one 
to violate any of the gams laws on said premises. 

Upon notification of tlie favorable consideration of 
this petition by the said Board, the applicant sli^ll 
I)ay to said Secretary the sum of one dollar, and file 
a duly executed bond, properly secured, in the sum of 
five hundred dollars, conditioned for the faithful keep- 
ing, upon the part of the principal therein named and 
his employes upon said premises, of all the provisions 
of this section and all other game-laws of this State. 
He shall keep, as nearly as possible, a just and true 
account, in a book to be kept for that purpose only, 
of all game raised on said premises ; a jnst and true 
account of all game brought to said premises from 
outside of the preserve, the number of birds or ani- 
mals, with the time they were received, the place 
from whence they were shipped, and the name of the 
shipper. He shall keep a strict 
sold, its character, the number 
peds, the time and manner of 

name and address of the purchaser; and shall file 
with the Secretary of said Board, at Harrisburg, an 
itemized statement from the before-named book ac- 

tlie close of every twelve 

the date of the certificate. 

be held strictly confidential. 

Board only for the purpose 



account of all game 
of birds or quadru- 
shipment, with the 



count, under oath, at 
months, beginning with 
Data thus collected shall 
and shall be used by said 



GAME, FISH, AND FORESTRY LAWS. 



66 



of satisfjdng themselves that the law relative to this 
subject is being obeyed within said preserve, or as 
evidence in cases where they are satisfied the law is 
not being obeyed. 

The before-nnmod book, to^othor with the premises 
<h\seribed and all same tliercdn. shall be open to in- 
spection upon <]('mand of any member of the Board 
of Game Commissioners, or of its Secretary, or to 
any Game Protector, upon the presentation by such 
Game Protector of written instructions from the Sec- 
retarv of said Board, directing him to thus inspect 
scuh plant ; and the refusal of any person holding a 
propagating certificate to permit such inspection by 
any of the officers above-named, or the neglect or refu- 
sal upon the part of said holder of such certificate to 
comply with the reasonable request of the Secretary of 
said Board, in any matter pertaining to said plant 
in which the said board has a legal right to be heard, 
shall be sufficient cause for refusal upon the part of 
said Board to renew such Propagation Certificate. 

Where game-birds or animals of any kind shall be 
raised in captivity under the provisions of this sec- 
tion, they may be sold or given away, and shipped 
alive from said enclosure, for propagating purposes 
witliin the Commonwealth ; or may be killed within 
said enclosure, for sale or gift within the Common- 
wealth, without regard to sex or numbers^ at any 
time of the year, under the following restrictions : 

All boxes or crates or packages of any description, 
in which small game may be shipped or removed from 
said premises, shall, before remoA'al therefrom, liave 
attached thereto a card or marker, to be supplied in 
duplicate, at cost, by the Board of Game Commis- 
sioners, upon each part of which sliall be plain!;; 
written, in the blank spaces left for the purpose, the 
name and address of the purchaser, with the contents 
of the box, crate, or package. One part of this card 
or marker shall be attached to the receptable contain- 
ing the game shinned, and the other part shall be 
immediately sent to the Board of Game Commission- 
ers, at Harrisburg. 

Before any deer or elk, or animal classed as large 
game, shall be removed or shipped from any licensed 
propagating plant, there shall first be attached to 
either the crate or box in which the animal is shipped, 
or to the animal itself, a tag or marker, in such form 



Inspection. 



Refusal. 



Sale and 
shipping. 



Restriction. 



Card or 
marker. 



Contents. 



Forwarding 
of card. 

Lai-ge game. 



Tag or mark- 
er. 



66 



GAME, FISH. AND FORESTRY LAWS. 



Attachment 
of tag. 



Disposition 
of the tag or 
marker. 



Failure to 
comply. 



Penalty. 



ProTiso. 



Unlawful re- 
moval or mu- 
tilatisn of 
tags or 
markers. 



as may be deciderl upon by the Boaid of Game Com- 
missioners; which said tag or marker shall be sup- 
plied, in duplicate, by said Board at cost: and it shall 
be the duty of any person raising and selling, or 
shipping, such deer or elk, or large game-animal, to 
attach to either the crate or box in which a live 
animal is shipped, or to the body of a dead animal,, 
raised in such preserve, one of these tags or markers, 
and to forward the duplicate thereof at once to the 
Board of Game Commissioners, at Harrisburg. 

The tag or marker, so attached to either crate or 
box or animal, shall remain thus attached until the 
living birds or animals are released from the crate 
or box, or the dead body of the animal is cut up for 
retail purposes or final consumption ; after which the 
tag or marker shall be removed from the crate or box 
or remainder of the carcass by the person finally dis- 
posing of the animal, and shall be at once forwarded 
to the Board of Game Commissioners, at Harrisburg. 

Any person failing to comply with the requirements 
of this section in the matter of attaching tags or 
markers before shipment of birds or animals, or in 
any other manner violating the provisions of this 
section relating to such shipment, shall, upon con- 
viction, be sentenced to pay a penalty of one hundred 
dollars for each offense. And any person failing to 
comply with the requirements of this section in the 
matter of returning to the Board of Game Commis- 
sioners the tags so affixed, shall, upon conviction, be 
sentenced to pay a penalty of ten dollars for each 
offense : Provided, That no provision of this act re- 
lating to license or tags shall be considered to apply 
to persons who may raise small game to release within 
the Commonwealth, or to be given away, or to either 
large or small game sold alive to a representative of 
the State, for propagating purposes within the Com- 
monwealth, 

Section 8. It shall be unlawful for any person to 
wilfully or wantonly remove or mutilate or destroy 
any tags or markers, so affixed to any crate or box or 
animal in compliance with the requirements of this 
act, at any time or at any place, except as designated 
by this act, or by authority of the consignor or con- 
signee of such game, or of some ojfficer of some court 
of this Commonwealth, or of some Game Protector of 
the Commonwealth. Any person violating this section 



GAME, FISH, AND FORESTRY LAWS. 



67 



sliall. u 1)011 conviction tl-ereof. be sentenced to pay a 
penalty of tifty dollats for each tag or marker wan- 
tonly removed, mutilated, or destroyed. 

Section 9. It shall be unlawful for any person to 
wilfully use any such tag or marker, prescribed by 
this act, for the purpose of protecting or carrying 
game of any kind, taken or killed outside of licensed 
preserves within this Commonwealth, or for the pur- 
pose of protecting or carrying a second shipment of 
game from any such licensed preserves within this 
Commonwealth. Any person convicted of such offense 
shall be sentenced to pay a penalty of one hundred 
dollars for each tag used in violation of this section. 

Section 10. It shall be unlawful for any person to 
bring, or in any manner to have transported, into 
this Commonwealth, from any other State or country, 
any living specimen, or any egg thereof, of the bird 
known as the European starling, or any other bird 
or any living animal the importation of which is pro- 
hibited by the Secretary of Agriculture of the United 
States, under the provisions of any law of this Nation ; 
or to release within this Commonwealth any fox, wild- 
cat, mink, or weasel brought into this State from 
another State or country, or reared in captivity. 

It shall be unlawful to bring into or sell within 
this Commonwealth living game of any kind, either 
birds or animals, that have been imported from any 
other State or Nation, or to release within the Com- 
monwealth, for propagating purposes, imported game 
of any kind, excepting under a certificate to be issued 
from the Department of Agriculture of Pennsylvania, 
after inspection by a representative of the Livestock 
Sanitary Board of that Department, and quarantine 
when necessary. 

Whoever shall violate any provision of this section 
sliall be sentenced to pay a penalty of fifty dollars 
for each bird or Qfug or animal so imported or brought 
into this State, or sold or released within the State, 
contrary to this section. 

Section 11. Excepting as provided in this act, no 
person shall take, or have in posession or under con- 
trol, either the nest, or any egg found therein, of any 
wild bird, either game or otherwise, protected by the 
law of this Commonwealth, or shall wantonly inter- 
fere with or destroy any such nest or egg. Whoever 
sliall offend against any provision of this section shall 
be sentenced to pay a penalty of ten dollars for each 
nest of a wild bird, other than a game-bird, either in- 



renalty. 

Unlawful 
use of tag3. 



Penalty. 



Illegal im- 
portations. 



Bird or ani- 
mals. 



Unlawful re- 
lease. 



Unlawful im- 
portation or 
sale. 



Inspection 
and quaran- 
tine. 



Violations. 
Penalty. 



No.'its and 
eggs. 

Violations. 



Penalty. 



(S^ GAME, FISH. AND FORESTRY LAWS. 

torfored with or vvautoiily dostroyod ; and shall be se)i- 
tcnccd to pay a penalty of fifty dollars for each nost 
of a gamo-bird cither wantonly interfered with or d(>- 
stroyed. 
Wild hi Ills Section 12. It shall be nnlawful for any perosn, ex- 

otiur tiiHii cept as provided for in this act, to at any time sliool" 
•iiinif-binis ^t, or Wound, or take, or kill any wild bird otlier than 
i.rtitecte<i. ^ game-bird, or to have such bird, either living oi- 

Kjiiiiio dead, or part thereof, in possession, or to have any 

woundiiii;. part of the plumage or skin thercoi" iu posessiou or 

siiipimmt or under control for purposes of sale, or to offer or ex- 
pusscssioii of. pQ^g (-j^g same for sale, or to transport or ship or 
remove, or attempt to transport or ship or remove, 
from this Commonwealth, for any purpose, such 
bird, or any part of the plumage or skin thereof; or 
to have in possession or under control for sale, or tcv 
sell or to offer to sell, either living or dead, any wild 
bird other than a game-bird, or any part of the plum- 
age or skin thereof, of a kind found either in a wild 
state in this Commonwealth or that may have been 
brought into this Commonwealth from another State 
or country, and which belong to the same family as 
those found in a wild state in this Commonwealth. 

Wlioever shall violate any provisions of this sectio?i 
shall be liable to a penalty of ten dollars for each 
wild bird other than a game-bird shot at, wounded, 
or kilJed, or taken or had in possession, transported, 
shipped, or removed, or attempted to be transported, 
i',.i,)!iy. shipped, or removed, out of this Commonwealth, or 

for any pait thereof, in any manner taken or held 
for a purpose contrary to any proAision of this act: 
such bird being of a kind found in a wild state in 
this Commonwealth, and that is protected by the laws 
of this Commonwealth ; and any person', acting either 
for himself or as the agent or representative of 
viniMtions. another, who shall sell or barter, or who shall attempt 
to sell or barter, or who shall have in possession for 
sale or barter, or who shall ship or remove, or cause 
to be shipped or removed , out of this Commonwealth , 
for sale or barter, a wild bird, other than a gamo- 
bird. either living or dead, or the skin or the plumage 
Penalty. or any part of such bird, or skin or plumage of a 

kind belonging to the same family as those birds 
found in a wild state in this Commonwealth, shall be 
liable to a penalty of twenty dollars for each bird or 
bird-skin or bii'd plumage, or any part thereof, sold. 



Vidhtt ions. 



GAME, FISII, A\i) FORESTKY LAWS. 



69 



ottert'd for sale, had in posses.siou for sale, or iu any 
manner removed out of this Commonwealth for sale, 
contrary to this section : Provided, however, That the 
blue jay, the En.q-lish sparrow, the European starling, 
the kingfisher, the buzzard, tb.e goshawk, the sharp- 
shined hawk, the Cooper's hawk, the red-tailed hawk, 
the red-shouldered haAvk, the broad-winged hawk, the 
marsh hawk, the rough-legged hawk, the duck-hawk, 
the pigeon-hawk, the barred owl, the great gray owl, 
the great-horned owl, the snowy owl, the hawk owl, 
the raven, tlie crow, the blue heron, the green heron, 
and the night heron may be killed in any manner at 
any time ; and that nothing in this act is intended to 
intei'fere with or prevent the possession of the tanned 
or cured skin, or any part thereof, of any wild animal 
or wild bird, either legally or accidentally killed, or 
brought into this Commonwealth from any other State 
or country, from which the same was legally imported 
for purpose of study or exhibition, or for any other 
inii'pose excepting that of sale. 

Section 13. There sluiU bo no hunting for or shoot- 
ing at or chas ag of game upon the first day of the 
Mcek. commoiily called Sunday. Any person violating 
tliis section slinll, upon conviction, be liable to a pen- 
ary of twenty-liV'C dollars for each offense. 

Section 14. As amended by the act of July 9th. 
1019, P. L. 823. 

Section 14. It shall be unlawful for any person, ex- 
cepting as provided for in this act, to take or kill or 
wound, or to attempt to take or kill or wound, or have 
in possession eitlier living or de?d, any game-bird or 
game-animal, or anv ]iart of such bird oi- animal, pro- 
tected by this act. The open season for game-birds and' 
animals shall be as follows: — 

For the rufred-grouse, commonly calfcd pheasant. 
\'irginia partridge, commonly called quail, ring-necked 
l)hea!jants. Hunsiarian ((uail. the gray, black, and fox 
snuirrel, from the twentieth day of October to the 
thirtieth day of November. 

For woodcock, from the first day of October to the 
thirtieth day of November. 

For the wild-turkcv, from the fifteenth day of No- 
v(nnber to the thirtieth day of November. 

For the wild rabbit and the hare, from the first day 
of November to the fifteenth day of December. 

For tlie raccoon, from the first day of September to 
the thirty-first day of December. 



Proviso. 

Unprotected 
birds. 



Lawful pos- 
session of 
tanned or 
cured skina. 



Hunting, 
sliooting, 
etc., on Sun- 
day pro- 
hibited. 



Taking, kill- 
ing, etc., of 
game-bird or 
game ani- 
mal. 

Open season. 

Ruffed 
grouse. 
Pheasant, 
quail and 
squirrel. 

Woodcock. 

Wild-tur- 
key. 

Rabbit and 
hare. 

Raccoon. 



70 



GAME, FISH, AND FORESTRY LAWS. 



Bear. 
Male deer. 



Plover aad 
blackbirds. 

Rail, coot, 
reed-bird, 
sand-piper, 
tatler, cur- 
lew, snipe, 
and shore 
birds. 

Wild -vrater- 
fowl. 

Proviso. 

Red squirrel. 

Gambel 
quail. 



Penalties. 



Right to 
kill Ring- 
necked 
pheasants 
raised in 
captivity. 

Killing game 
raised in 
captivity. 

Private pre- 
serves. 



For bear, from the fifteenth day of October to the 
fifteenth day of December. 

For male deer, with antlers extending not less than 
two inches above tli ^ hair, from the first day of Decem- 
ber to the fifteenth day of the same month. 

For upland or grass plover, and the birds commonly 
called blackbiiV.s, from the first day of August to the 
thirtieth day gf November. 

For the rail, coot, or mud-hen, reed-bird, sand-piper, 
tattler, curlew, Wilson or jack-snipe, or any other 
shore bird, excepting woodcock, from the first day of 
September to the thirtieth day of November. 

For all kinds of birds known as wild water- fowl, 
from the sixteenth day of September to the thirty-first 
day of January next following. 

Provided, That the red squirrel may be killed at 
any time of the year without regard to numbers, and 
that the Gambel quail shall be accorded every protec- 
tion, with the same open season, bag-limit et cetera, 
given by the act of June seventh, one thousand nine 
hundred and seventeen (Pamphlet Laws, five hundred 
seventy-two) to the Virginia partridge, commonly 
called quail. 

Any person who shall violate any provisions of this 
section shall be liable to a penalty of one hundred dol- 
lars for each deer; and a penalty of fifty dollars for 
each bear • and a penalty of twenty-five dollars for 
each wild-turkey or ruifed grouse or quail or woodcock 
or ring-necked pheasant ; and a penalty of ten dollars 
for each rabbit or hare or squirred or raccoon or wild 
water-fowl or shore-bird, other than a woodcock, or 
plover or reed bird or blackbird, — killed or taken, or 
attempted to be killed or taken, or had in possession, 
at a time other than that fixed as the open season for 
such animals and birds, or in any manner contrary to 
this section : Provided, however, That ring-necied 
pheasants raised strictly in captivify may be killed by 
the owner of such birds upon lands such person may 
own or control, without regard to numbers, during the 
open season for ring-necked pheasants ; and that any 
game-bird or animal raised strictly in captivity and 
killed or captured within such place of confinement 
without being firat released in the Commonwealth at 
large, may be killed or captured at any season of the 
year without regard to sex or numbers or age, and may 
be sold or given away within the Commonwealth, 
either alive or dead, under the rules and regulations of 
the Board of Game Commissioners pertaining to the 



GAME, PISH, AND FORESTRY LAWS. 



71 



marking and tagging of game raised in licensed pre- 
serves: Provided also, That those birds commonly 
known as blackbirds may be killed by the owner or 
lessee of lands, or by the legitimate employe of such 
owner or lessee, when, upon the property under their 
control, such birds may be destroying either the eggs 
or the young of other birds, or growing crops or grain, 
or cultivated fruit or berries ; and the Board of Game 
Commissioners shall have authority to direct the kill- 
ing of those birds commonly called blackbirds when 
satisfied that such birds have from any cause become a 
nuisance in the section wherein they may be located. 

Section 15. As amended by the act of July 9th, 
1919, P. L. 823. 

Section 15. It shall be unlawful for any person to 
kill in one day more than one wild-turkey, or more 
than four ruffed-grouse, or more than eight Virginia 
partridges, commonly called quail, or more than six 
woodcock or more than four ring-necked pheasants, or 
more than four Hungarian quail, or more- than six 
squirrels of the combined kinds of fox, black, or gray, 
or either of them, or more than ten wild rabbits, or 
more than three hares : or to kill in any one season 
more than one wild-turkey, or more than twenty-four 
ruffed-grouse, or more than twenty-five Virginia part- 
ridges, commonly called quail, or more than twenty 
woodcock, or more than ten ring-necked pheasants, or 
more than ten Hungarian quail, or more than twenty 
of the combined kinds of squirrels of fox, black, or 
gray, or either of them, or more than forty wild rab- 
bits or more than fifteen hares, or more than one bear, 
or more than one deer, which in every instance shall 
be a male deer with antlers not less than two inches 
above the hair; and it shall be unlawful for any per- 
son at any time to attempt, by standing on watch 
or otherwise, to kill a second male deer in one season ; 
and it shall be unlawful for any person at any time 
to shoot at or wound or kill, or to attempt to wound 
or kill, or have in possession, a female deer or an elk 
or any fawn found in a wild state in this Common- 
wealth, except as otherwise provided by the laws of 
this Commonwealth relating to the taking of game- 
animals, and game-birds under authority of a certifi- 
cate issued bv the Board of Game Commissioners. Any 
person taking or wounding or killing, or attempting 
to take, kill, or wound, any animal or bird protected 
by this act, or in excess of the number permitted by 
this act, or in any manner violate any provision of 



Proviso. 

Blackbirds, 
lawful kill- 
ing of any 
time. 



Limitation as 
number. 

Day. 



Season. 



Second deer. 

Unlawful to 
shoot at a 
female deer, 
an elk, or 
fawn. 



Penalty. 



72 



GAME, PlSn, AND FORESTRY LAWS. 



Use or c'On 
cealiiioiit <>t 
same legraliy 
taken. 



Ui«iit tjf of 
licers to kill 
«auift under 
certain cnn- 
'J it ions. 



I'rovisd. 



Opeuiii); 
county t o 
killing of 
l>ears when 
destmotivo. 



this section, — shall, upon conviction, be liabU- to a 
penalty of two hundred dollars and six months impris- 
onment for each elk, and one hundred dollars for each 
deer, and fifty dollars for each bear, and twenty-five 
dollars for each wild-turkey, or ruffed grouse, or quail, 
or woodcock, or ring-necked pheasant, and ten dollars 
for each rabbit or hare or squirrel, so taken, wounded, 
killed, or attempted to be taken, wounded, or killed or 
had in possesion, contrary to the provisions of this 
section. 

Every person mIio knowingly uses game that has 
been illegally killed or taken, or who knowingly aids 
or assists in the concealment of game illegally killed, 
or \vlu> kuowlngy has game in possession that has 
U"('ii illegtilly killed or taken with intent to us*- or 
shall be liable to tlu^ full ytcnnlty ini- 
for i!i(> killinu" of such iiame contrarv 



pro\<ii to the satisfaction of the Txijird 

or deer oi" 

destroying 

in any see- 



coiiceiu ^:a!n(', 
pos'.'d by law 
to law. 

When it is 
»>'" (Jame. (\)nirnission('is that either a beat 
elk or i-abbils oi- other game is excessively 
))roperty and thereby becoming a nuisance 
tion of the State, the said Board shall have jnithority 
to at any time renioxc or to have removed said animals 
from that n(>ighborhood, or to lla^•e the sar^e killed. 
.-.s the case may recinin*. 

Pl•o^ idcd also. That vipon ?-('cei)it ol' a petition from 
;iny county containing tin* signatures of not less than 
two hundred citizens of that county, declaring that 
bears have become a nnisanc{> in that section, setting 
forth in what mann<'r such animals are a nuisance, and 
such (tther writing or evi<lence as the i>etitioners may 
deem it advisable to file, the said l>oar(l, if uj>on inves- 
tigation is satisfied the conditions in th.-it county war- 
rant such action, may declare such <*otinty o])<mi t(» the 
killin!"- of bear, at tiny time of the year, in any number, 
and by any nieth«Kl. exci^pt stiM^l traps and <|eadf:dls. 
by .any resident citizen of tlu^ United States, eith<>r 
licensed or unlicensed. To either open a county to the 
killing of bear, as herein i)rovided for. or to revoke 
such declaration, a i)roj)er notice to tluit effect shall 
be iniblished by said BoaJ-d in not less than three news- 
ltai)ers of general circulation in the county atf'cted, if 
thcj-e be that main' i)ublished in the county, (»ne time 
each w(M>k for three consecutive weeks, setting forth 
the date such action bi^conn^s etfecti\e. l>e.'irs killed 



GAMK. I'M SI i. AM) IX)11ESTHY LAWS. 73 

under the provisions of such special declaration may be 
consumed or disposed of in any manner by the person 
killing same. 

Section 10. It shall be unlawful to hunt for, or to isisin 
eati'h or to kill, or to attempt to catch or kill, any inmtin<: 
of the game-birds or any of the game-animals jiro- 
tected bv the laws of this Commonwealth, between 
sunset of one day and sunrise of the day following; 
or to take or kill oi- wound, or to attempt to take or 
kill or wouml, game of any kind except thnmgli the KijiinKox 
us)^ of a gun, such as is usually raised at arm's cepi ^viiii 
length and fired from the sli<»ul(!rr, or through the »^"' 
use of a pistol other than an automatic pistol or a 
i-evoh<M-. sucli is usually held in tlu> hand and fired 
at aiin\s length ; and no person, except as provided 
for by this act, shall at any time set, lay, or prei)aie 
for use, or use any trap, snare, net, bird-lime, swivel- rp,.,^ ^ 
gun. the apparatus known as a silencer, deer-lick, ^^^1,'^^ ,.,(. 
pit-fall, turkey blind, turkey call, or turkey pen, for 
th<* purpose of catching or taking or Icilling game of 
.•my kind; or shall shoot at or take or kill, or attempt ^^^ ^^ 
to shoot or take or kill, game-birds, or animals torvehipi'* 
of any kind from an automobile, or >ehicles of any 
kind proi)elled by any mechanical power: or shall I^JRiits, luit 
make use of or take advantage of any artificial light, ^erx-.s, ot< 
battery, or other contrivance or device, except the 
before-mentioned gun, with intent to catch, take or 
injure, or kill any of the game-animals or game birds 
found in this Commonwealth, — excepting that rac- Ra(< cions ii, 
coons may be hunted for and be killed at any time, any inann«i 
either day or night, during the open season, Sunday 
excepted, for sucli animals, and may be killed or cap- 
tured in any manner that to the hunter may seem 
best, and may be retained in captivity, or sold dead 
or alive at any time, either within or outside the 
Commonwealth, if taken during the open season ; and 
that decoys in numbers as provided for in this act, Dc( ..\:^ .md 
:ind blinds, may be used in hunting wild water-fowls; l^iin«is 
and that residents under the age of fourteen years 
may take rabbits through the use of box-traps during Box traps f..r 
the open season, upon the lands whereon such per- raiibiis, 
sons reside. 

Any person violating any provision of this section yi,,i iti.m- 
shall upon conviction, be liable to a penalty of two 
hundred dollars and six months' imprisonment for 
each elk, and a penalty of one hundred dollars for 
caeh deer, and fifty dollars for each bear, and ten 
doU.us for each rabbit or hare or srpiirrel, and twenty- Pcniiitios. 



74 GAME, FISH, AND FORESTRY LAWS. 

five dollars for each game-bird, taken, killed or 
wounded, or attempted to be taken, killed or wounded, 
Racco.nis HiKi contrary to this section : Provided, That as a protec- 
rabbits may tion to growing crops, vegf'tables, and fruit trees. 
he kiiiwi as raccoons and rabbits may be killed by the owner or 
^ P^".*^^'^'*^'," lessee of lands, or by the employe of such owner or 
crops, '^^^i"" lessee, upon which lands such animals may be com- 
mitting depredations, at any time and in such manner 
as may be best suited to secure the desired end : Pro- 
Size of vided also. That it shall be lawful to use steel traps, 
steel traps not to exceed in size a standard No. 3, for the pur- 
t-'kin*"^^ v!" - I-*^'^*^ ^^ taking wildcats, and other wild animals classed 
„^i„ " ' as vermin, so long as such traps are not set where 
rabbits and other protected game may be caught in 
such traps. 

Section 17. It shall be unlawful to hunt for or pur- 

wiici water- ^^^^f ^^ ^o follow after, with intent to kill, any wild 

fowl. water-fowl from or with, or through the use of, any 

craft propelled by any means other than oars, pole, 

Unlawful ^^ hand-paddle. Any person using a craft or boat for 

use of water such purpose, othcr than one propelled by oars, pole, 

craft. or hand-paddle, or the captain or owner, or other 

person in charge of such boat or craft, who shall allow 

pj,,j.,[j^. or knowingly permit tie same to be used contrary to 

this section, while he is on board, shaU be liable to 

the penalties herein imposed. 

It shall be unlawful for any person, or for any num- 
ber of persons, acting together, to place in any of the 
waters of this Commonwealth, for the purpose of 
attracting wild water-fowl of any description, more 
D(,(.„ys than twenty specimens of artificially prepared wooden 

ducks, or ducks of any character, commonly used as 
decoys or to shoot over or attempt to control more 
Linntatioii of than twenty such decoys, so placed as to cover not 
number, etc. exceeding one-fourth of a mile, upon any stream or 

lake. 
Violations. Any person who shall violate any provisions of this 

section shall be sentenced to pay a penalty of fifty dol- 
Fenaity. lars per day for each day on which any forbidden craft 

or boat may be used to hunt or pursue, or to follow 
after, with intent to kill, wild water-fowl ; and ten 
dollars for each decoy, or other contrivance or device, 
set, placed, or controlled contrary to the provisions of 
law. 

Section 18. Except as otherwise provided for by 
this act, it shall be unlawful for any person to hunt 
for or catch or kill, or cause or permit thehunting 
of, hare or rabbits, with or through the use of a 



GAME, FISH, AND FORESTRY LAWS. 75 

ferret, under a penalty of twenty-five dollars for each Hare or rab- 
ferret so used, and ten dollars for each rabbit or bits not to 
hare taken through the use of or by the aid of a ^f.^^JI*"". 
ferret. And the fact that any person shall place a ot"fenet"'^^ 
ferret in any hole or opening in the ground or stone 
wall or log, outside of buildings, in which a rabbit Penally. 
might be found, or shall be caught in the act of using 
a ferret in the taking of hare or rabbits ; or shall 
have a ferret in possession or under control, in either nosses- 

the fields or forests or in any vehicle upon the high- ^^^l ^^ pon. 
ways, or on railroad cars ; or shall be proven to troi oi ftr- 
have used or have been possessed of a ferret while lets. 
hunting ; or shall while going hunting or while re- 
turing from such a hunt, have a ferret either in pos- 
session or under control, shall render such person liable Penalty. 
to the penalty of twenty-five dollars for each ferret 
had in possession or under control at any time. 

Any ferret found, running at large, or found in 
the posesssion or unler the control of a person not 
possessed of a ferret license, or of a person convicted 
of violating any provision of this act, shall be forfeited p(,j.f^,i|^„.e 
to the Commonwealth, and shall be immediately killed 
by the officer or citizen into Avhose hands such animal 
may come. 

Section 19. It shall be unlawful for any person to 
kill or wound or capture, or to attempt to kill or 
wound or capture, any wapiti or elk found in a wild Wapiti or 
state in this Commonwealth ; or to have such wapiti or elk. 
oik, or any part thereof, in possession before the first 
day of December, one thousand nine hundred and 
twenty-one. That after the thirtieth day of November, close season 
one thousand nine hundred and twenty-one, unless 
otherwise provided, there shall be annually an open 
season for wapiti or elk, which open season shall cor- open 'jea.son 
respond with the open season for deer at that time; 
during which open season of each year, Sundays ex- 
cepted, it shall be lawful for any person in this Com- 
monwealth to kill, through the method known as still- stiii-htintin"' 
hunting only, one wild wapiti or elk, which in all in- 
stances shall be a male waniti or elk, with antlers, 
commonly called horns, wnth not less than four points 
to one antler. 

Any person violating any provision of this section peHalty. 
sliall be liable to a penalty of two hundred dollars, 
and six montlis' imprisonment, for each offense. 



7(; 



GAME, FISH, AND FORESTRY LAWS. 



Doer or elk. 
Possession or 

(■(lUil'Ol. 



rriuui liicie 
(videiK'e. 



I'tiijilty. 



I'llKlUftiOU 

<4' iK'art. 



Ollicial in- 
vf^stiffation. 



Adiiiiiiislra- 
ti>>ii of Oiiihs. 



Possession of 
sranie prima 
farie evi- 
dence. 

Ont'a of per- 
son having 
iiaine in pos- 
session. 

Forfoitnie on 
I'iiiUire or re- 
fusal to an- 
swer qnes- 
tions. 



f"aii)|.>s anil 

lumting' 

liarties. 

Limitation 
of game. 



Section 20. The possession or control of a door or 
elk, or of any portion of either of snch animals, shall, 
unless the head, bearing antlers extending at least two 
inches above the hair, in the case of a deer, and in 
the case of an elk not less than four points to one 
antler, be attached in a natural way, in all instances, 
be prima facie evidence that such animal was killed 
unlawfully in this Commonwealth ; and shall render 
each person in whose possession or under whose con- 
trol the same may be found, or wdio may be provoi 
to have had such animal or part thereof in possessir»ii 
or under control, liable to the full penalty now im- 
posed by law for the unlawful killing of elk or deer, 
as the case may be, unless snch person shall im- 
mediately, upon demand made by an officer of the 
Commonwealth whose duty it is to protect the game 
and wild birds, produce the head bearing antlers of 
legal length, or shall swear that the flesh in question, 
found in his possession or proven to have been under 
his control, is a part of a deer or elk legally killed in 
the Commonwealth, both or either, as in the mind 
of the ofiicer investigating may be considered neces- 
sary ; and the officer investigating a case of this char- 
acter, or any other violation of the game-laws, is 
hereby authorized to administer oaths relative to sucli 
matter ; and where game of any kind is found in a 
camn. or in possession or under control of an indi- 
vidual or hunting party, such possession shall be con- 
sidered prima facie evidence that the same was taken 
illegally, unless the person or persons in charge or in 
control of such game shall answer satisfactorily im- 
mediately, under oath if required, such pertinent ques- 
tions relating to the taking- or ownership or posses- 
tion of same as may be considered necessary by tlie 
officer investigating ; and in every case w^here sucli 
person or persons, in possession or in c-jutrol of such 
game, refuse to so answ^er such questions, the gj<me 
thus found in possession or under control is hereby 
declared forfeited to the Commonwealth, and such 
officer is directed to take charge of and dispose of 
same as provided by law relative to game seized in this 
Commonwealth. 

Section 21. It shall be unlawful for any body of 
men, either camping together or hunting in unison, to 
kill or be possessed of more than six male deer, or 
more than one elk, or more than three bear, killed 
under the provisions of existing law. in a wild state. 
in any part of this Commonwealth, in one season. 



GAME, FIvSH, AND FORESTRY LAWS. 



77 



Every person in a camp, or who may join with 
others in hunting for deer or elk or bear in this Com- 
monwealth, shall be liable to the penalty now imposed 
by law for the unlawful killing of deer or elk or bear, 
that may be killed by any member of their party in 
excess of the before-mentioned numbers, after the day 
upon which the number of deer or elk or bear, as fixed 
by this section for camps, has been legally taken. 

Section 22. Nothing in this act shall be so con- 
trued as to prevent any person, actually residing 
upon and cultivating lauds within this Commonwealth, 
from killing any deer, regardless of sex or age, which 
lie may find actually engaged in the destruction of any 
fruit trees or crops on said lands. 

Section 23. It shall be unlawful for any person, at 
any time, to shoot at, or to kill, wound ,or capture, 
or attempt to kill, wound, or capture, either an elk 
or a deer in the waters of any of the streams, ponds, 
or lakes ; or for any person to make use of a dog in 
hunting deer or elk or wild turkeys ; and the fact that 
a dog of any description shall be taken into the woods, 
or shall be had in possession or under control in the 
woods, or shall be cared for or harbored, or permitted 
to remain with any individual or h\ tlio camp of any 
person or persons, shall render each person in whose 
care or under whose control the dog may be outside 
of the camp, and each person in said camp, liable to 
the full penalty prescribed by law for the unlawful 
taking or killing of deer or elk, or wild-turkey, as the 
case may be ; upon proof, duly sworn to, that tlie dog 
so taken into the woods, or had in possession, or under 
control, or harbored, cared for or permitted to re- 
main with any person or in the camp of any person 
or persons, did. within a radius of ten miles from said 
camp or from the point wherein a dog may be taken by 
any individual, run after, pursue, or follow upon the 
track of any deer or fawn or elk for a distance of 
one-half mile, or did pursue or scatter wild-turkeys. 

Section 24. It shall be unlawful for any person to 
make use of what are known as buckshot in hunting 
for or shooting at either elk or deer ; or to kill or to 
attempt to kill any deer or elk by or with or through 
the use of a gun propelling or emitting more than 
one pellet, bullet, or ball, at such deer or elk, through 
a single discharge : or to take an elk in anv manner 
except through the method known as still-hunting. 
Any person violating any provision of this section shall 



Liability to 
penalty. 



Killiiij: uf 
deer destioy- 
ing crops, 
etc. 



Elk or fleer 
in strciims, 
ponds or 
lakes. 



LiaViility of 
those takinj; 
dogs in till' 
woods or to 
camps. 



Penalty. 
Erideiice. 



Unlawful use 
of buckshot. 

Elk or doer. 

Guns. 



Still-lnniting. 
"Violations. 



78 GAME, FISH, AND FORESTRY LAWS. 

iviiaity. be subject to the penalties provided by this act for the 

unlawful taking or killing of deer or elk, as the case 
may be, during the closed season. 
Do«s piusu- Section 25. Any dog pursuing or following upon the 
in/ huge track of a deer or elk or fawn is hereby declared to 

garae. " be a public nuisance. Such dog may be killed by any 

Public nui- person when seen pursuing or following upon the 
sanco. track of an elk or a deer or a fawn ; or by a game- 

protector, deputy game-protector, game-warden, for- 
Kiiiing (if estry-warden, or any other officer of the State whose 
(log. " duty it is to protect any of the game of the State, upon 

affidavit being made by one or more persons acquainted 
Affidavit. with the facts that said dog is in the habit of, or has 

been seen or heard, running upon the track of or pur- 
suing any elk or deer or fawn w-ithin a period of two 
Liabiiit.v of years from the date of such affidavit. The owner or 
invner, et ai. person harboring or in control of a dog, either killed 
in conformity with the law or pi-oven to have pursued 
a deer or an elk for the distance of one-half mile or 
more, shall be liable to a penalty of fifty dollars for 
Pursuit of each elk pursued, and one hundred dollars for each elk 
elk or deer. killed or caused to be killed, by such dog running at 
large, without the aid or direction of its master; and 
Penalty ^® ^ penalty of twenty-five dollars for each deer or 

fawn pursued, and fifty dollars for each deer or fawn 
killed or caused to be killed, by such dog running at 
large, without the aid or direction of its master. 
iiai)iiitv of Where the owner or person harboring or in control 

own»r, et al. of a dog shall neglect or refuse to take such action as 
may be necessary to prevent such dog from running 
Notice in elk or deer, after notice in writing from an officer of 
wiitins. the State, whose duty it 'is to protect the game of the 

State, to the effect that the dog in question is in the 
Double pen- habit of pursuing deer or elk. shall be liable to double 
aity. the amount as fixed before for the first offense ; such 

penalty to be recovered as are other penalties in- 
posed by this act. 
Doos puisu- Section 26. Any dog pursuing or following upon 
inff' simiii the track of any game-quadruped, such as hare or rab- 
ganie. bits, and known as small game, or following upon the 

track of any game-bird or other wild bird protected by 
Close season existing law, during what is known as the close sea- 
son for such animal or bird, is hereby declared to be 
Public nui- a public nuisance ; and may be killed by the owner or 
i^'fnt'p- lessee of land whereon it is found, or by an employe 

Kiir "• f ^^ such owner or lessee, or by a game-protector, dep- 
d^oV""^ " ^ty game-protector, game-warden, forestry- warden, or 
any other officer of the Commonwealth whose duty it 



GAME, PISH, AND FORESTRY LAWS. 



79 



is \o protect the game or wild birds, unless such dog 
shall wear a collar having attached thereto a metallic 
tag or plate upon which shall be plainly inscribed, in 
English, the name and address of the owner of such 
dog ; and any dog thus wearing a Collar, inscribed as 
before-mentioned, pursuing small game during what 
is known as the close season for such game or wild 
birds, may be killed by the owner or lessee of any 
land upon which such dog may be found, or by any 
employe of either the owner or lessee, or by a game- 
protector, deputy game-protector, game-warden, for- 
estry-warden, or any officer of the State whose duty it 
is to protect the game of the State, when such dog is 
seen upon the track of such game, after notice in writ- 
ing from that particular person, or from the Secre- 
tary of the Game Commission, has been given to the 
owner or reputed owner, or person in control of such 
dog, to the effect that the dog in question is in the 
habit of destroying, or pursuing or following upon the 
track of, game or wild birds, contrary to this section. 

Any person who shall either knowingly or negligently 
permit his dog or a dog under his control to pursue 
small game during the close season, off land he may 
'^>wn or control, after notice as before stated, shall be 
liable to a penalty of ten dollars for each day small 
game may be pursued in violation of this section, and 
to an additional penalty of five dollars for each game- 
bird or rabbit killed by such dog pursuing game with- 
out the aid or direction of its master: Provided, That 
dogs, when accompanied by and under control of their 
masters, may be trained upon any of the living wild- 
game or birds in this State, excepting elk and deer 
and fawn or wild turkeys, from the first day of Sep- 
tember to the first day of March next following, so 
long as no injury is inflicted upon said animals or 
birds. 

Section 27. Except as otherwise provided by this 
act, it shall be unlawful for any person, at any time, 
to knowingly buy or sell or barter, or expose for sale 
or barter, or have in possession for sale or barter, an 
elk or a deer, or wild rabbit or hare or gray or 
black or fox squirrel, or any ring-necked pheasant or 
Hungarian quail, or any part of either of such ani- 
mals or birds, that has been killed, taken, or cap- 
tured in a wild state in this Commonwealth ; or to 
buy or sell or barter, or attempt to buy, sell or bar- 
ter, or have in possession for sale or barter, any ruffed 



Coihir and 
name-plate. 



Notice in 
writing. 



LiaDility of 
owner, et al. 



Penalty. 



ProvLso. 

Training ot 
dogs. 



Selling, off- 
ering for 
sale, etc.. of 
game-birds 
and game- 
animals. 



80 GAME, FISH, AND FORESTRY LAWS. 



*»» 



jrouse, commouly called pheasant, or any wild-tur- 
key, or any woodcock, or any quail, commonly called 
Virginia partridge, that shall have been killed or caj)- 
tured in a wild state, either within or outside the 
boundaries of this Commonwealth ; and no person 
Saif of shall sell or barter, or offer to sell or barter, or have 

wiifi water- in possession for sale (ir barter, any wild duck or any 
''<'"'• wild goose, or any other bird of the kind commonly 

known as wild water-f(»wl, that has been either killed, 
taken, or captured in a wild state in this Common- 
wealth, or that may have been brought into this 
Commonwealth between tlie first day of January and 
the first day of S"i»teniber of each year. 
\'ioiat!<ii'.s. Any pers(m who shall violate any provision of this 

section relative to the purchase or sale or barter of 
ink or .leer. ^^^ '^^' ^^ ^^^^^' shall be liable to a penalty of two hun- 
dred dollars for each elk, or part thereof, bought or 
sold, or had in possession for sale, or bartered for. 
Penalty. and one hundred dollars for each deer, or part there- 

of, bought, sold, or had in posssession for sale, or 
bartered for. and any person who shall violate any 
provisions of this section relative to the purchase or 
Rabbits, ^^^^ <^i' barter of rabbits or hares or squirrels shall b«' 

liar 's. sqiiir- liable to a penalty of ten dollars for each animal 
'p's- bought, sold, or had in possession for sale, or bar- 

tered for. 
Violations. Any person who shall violate any provision of this 

section relative to the purchase or sale or barter of 
Uuffed- ruffed grouse or of wild-turk'^y or of woodcock or of 

f™,!^'. ^^'''^' quail or ring-neck pheasants shall be liable to a pen- 
woortrock. '-^^^y of tweuty-fivc dollars for each bird, or part there- 

phpasaiit. of, bought or sold, or had in possession for sale, or 

'itiaii. bartered for, or in any way had in possession or 

Ppnait.v. handled, contrary to this section. 

.,. ^.^.|,,,j.. Any person in any way violating this section rela- 
fowi. ^ ' ^^"ve to the sale or attempt to selF wild water-fowl 

shall be liable to a penalty of ten dollars for each 
''f'"'ii'^ bird in any way handled contrary to this section: 

P^.^j^.jj^^, Providing, That nothing in this section shall be con- 

strued to prevent the purchase or sale, or introduc- 
Eik or iUm r. tion into this State, at any time, of either elk or deer, 
or rabbits or squirrels, oi- birds alive, for propagating 
purposes, that have been inspected and legally passed 
Propiisatin? by R representative of the Livestock Sanitary Board 
purposes. of the Department of Agriculture, as before provided 

for in this act: or to prevent, at any time, tho sale 
within tlie State, or the shipment out of the Stat(\ of 



Birds. 



GAME, FISH. AND FORESTRY LAWS. 



81 



Belgian or Gorman liarc, or of any other animal 
raised in captivity but not found in a wild state in 
this Commonwealth, without a license of any kind : 

Provided also. That nothing in this act is intended 
to ijrevent the sale of game killed in a wild state dur- 
ing the open season for Much game, and for thirty 
ilays thereafter, that is of a kind the sale of which is 
not specifically forbidden or limited by the provisions 
of this act. 

Section 28. Except as otherwise provided by this 
act, it shall be unlawful for any person to have in his 
possession, excepting during the open season therefor 
and for thirty days thereafter, any rufP'^d-grouse, com- 
monly called phoasant. any English. ^l<»nogolian. or 
Chinese pheasants, any quail, commonly called Vir- 
ginia partridge, any wild-turkey, any woodcock, any 
Hungarian quail, or any elk. or deer, or bear, or 
hare, or rabbit, or squirrel, or any other game-bird 
or game-quadrup((l protected by this act, or parts 
thereof, which shall jiave been caught, killed, or taken 
in a wild state witl)in this Commonwealth. Any per- 
son violating any provision of this section shall be 
liable to a penalty of one hundred dollars for each elk, 
;ind fifty dollars for each deer, and twenty-five dollars 
for each bear, and ten dollars for each game-l)ird of 
any kind, and five dollars for each hare or rabbit, or 
gray or black or fox squirrel, or for any part there- 
of, which shall have been lawfully taken or killed in 
a wild state witliin this Commonwealth, and unlaw- 
fully held contrary to the provisions of this section. 

Section 29. The possession by any person, except 
as provided for in this act, of a living or dead bird 
or animal of any kind protected by this act, or the 
possession of any part thereof, or of the egg; or nest 
of any such bird, or of parts thereof, shall be prima 
facie evidence that the same was taken or held con- 
trary to the provisions of law ; and shall render each 
person in whose possession or under whose control 
the same shall have been found liable to the penalties 
imposed for violation of that provision of this act fix- 
ing a penalty for the killing of such bird or animal 
out of season, or of that provision fixing penalties for 
interfering with birds' nests, as the case may require. 



Belgian 
liares. 



I'roviso. 

La\vful s 
of ganif. 



Uulaulul 
posnes.sion 
of ganie-biid? 
and ganif 
animals. 



■\'iolationi- 



Penalties;. 



Unlawful 
possession. 

Birds or ani- 
mals. 

EgBfs or 
nests. 

Prima Fucic 
evidence. 

Penalty. 



6 



82 



GAINIE, FISH, AND FORESTRY LAWS. 



Luwlul tvap- 
;)ins of quail 
and ring- 
uo("U pheas- 
;ints. 



Transporta- 
tion. 



Hunting-, for 
^^ages or 
hire. 

(Juirles. 



Einploj-er. 

Violations. 
I'oiialty. 



Hniplojcr. 



I'onulty. 



Shipment of 
sranie within 
the State. 
Shipment of 
game of all 
kinds by par- 
rel post ab- 
sol'.itel.v pro- 
hibited. 

Sliipment 
f.therwise. 



Section 30. It shall be lawful to trap quail, com- 
monly called Virginia partridge, or Hungarian quail, 
or ring-neck pheasant from the first day of December 
to the first day of April next following, for the pur- 
pose of keeping them aliv^ during the winter, or for 
the purpose of separating a convey to increase the 
chances of propagation, but for no other purpose 
whatever ; and neither quail nor pheasants thus taken 
shall be transported from one locality to anoth'er lo- 
cality in this State, excptiug by written permission 
of the President of the Board of Game Commis- 
.sioners. All birds thus taken shall be liberated in 
the spring as soon as the weather will permit. 

Section 31. It shall be unlawful for any person to 
kill game of any description for wages or hire, or in 
evasion of this provision ; and, to that end, it shall be 
unlawful for any person acting as a guide to deliver, 
or in any manner cause to be delivered, to the benefit 
of his employer or the person he may be guiding, 
game of any description killed by him in this Com- 
monwealth ; or for the employer of any employe, act- 
ing in the capacity of a guide, to receive game of any 
description killed by such employe or guide while in 
his employ. Any person who, acting as a guide or 
employe, shall violate this section, shall be liable to a 
penalty of two hundred dollars and six months' im- 
prisonment for each elk, and one hundred dollai*s for 
each deer, and twenty-five dollars for each game-bird, 
and ten dollars for each rabbit or hare or squirrel, 
h(! may kill and apply to the benefit of his employer; 
and each employer accepting game of any description, 
killed by a person in his employ as a guide, shall be 
liable to a penalty of two hundred dollars and six 
nmnths' imprisonment for each elk, and one hundred 
dollars for each deer, and twenty-five dollars for each 
game-bird, and ten dollars for each rabbit or hare or 
squirrel, he may thus receive. 

Section 32. It shall be unlawful for any person to 
ship game of any description, or any part thereof,, 
killed in a wild state in this Commonwealth, by parcel 
post ; and it shall be unlawful to ship or transport by 
express or as freight or baggage, or by common car- 
rier of any description or by automobile or vehicle of 
any kind, any bird or animal, or part thereof, of the 
kind commonly known as small game, killed in a 
wild state in this Commonwealth ; or for any common 
carrier to transport small game of any kind, from one 



GAME, FISH, AND FORESTRY LAWS. 



83 



point to another point in this Commonwealth, unless 
such small game is accompanied by the owner thereof, 
or is carried upon the same train or automobile or 
vehicle with such owner ; and, where such game is of 
a kind commonly known as small game, the same 
shall be carried upon the person, in the liunting-coat 
or game-bag, or openly as hand-baggage, without 
cover, in such manner as to be easily seen and in- 
spected ; or, when carried in baggage or boxed for 
shipment, each package or box or receptacle of any 
description containing game shall have attached 
thereto a card or marker bearing in English the name 
of- the person owing same, with the place of his resi- 
dence, the name of the county wherein such game was 
killed, and the number of each species of small game- 
birds or animals contained in said package. 

Where game of the kind commonly known as large 
game is shipped, the carcass shall in all instances have 
attached a card or marker, bearing the name and 
address of the owner, with the name of the county 
wherein same was killed. 

Where large game is cut up for shipment, each di- 
vision thereof shipped uncovered, and each package 
of every description containing any part of such 
game, shall have attached a card or marker, bearing 
in English tlie name of the owner of such game, with 
Ins home address, and the character of the contents 
of such package, so that such contents may be de- 
termined by an outside inspection of such package : 
Provided, That no provision of this act relative to the 
shipment of parts of game within the Commonwealth 
shall apply to the shipment of that part of either a 
bird or animal, either legally or accidentally killed, 
that the holder thereof may desire to preserve as a 
trophy or as a specimen, and sliall send to a taxi- 
dermist within the Commonwealth for tanning or 
mounting, when the package is properly marked 
showing the contents thereof. 

Any person who shall transport or attempt to trans- 
port a game-animal or game-bird of any description, 
or part thereof, contrary^ to any provision of this sec- 
tion, shall be liable to a penalty equal in amount to 
the penalty imposed by this act for the killing of such 
animal or bird during the close season ; and every 
person, acting for himself or for another, or as the 
agent of a common carrier, who shall knowingly or 



Conmiou car- 
riers. 



Accompanied 
by owner. 



Small game. 
Tagging. 

Large game. 
Marker. 



When cut up 
for sliipnient 



Markoi'. 



ProA'isd. 



Trophy or 
specimen. 



Tran.sporta- 
tion. 

Violation. 
Penalty. 



84 



GAME, FISH, AND FORESTRY DAWS. 



Penalty. 



Shipment or 
removal of 
game from 
the State. 



CoTiiiiHin car- 
riers, etc. 



Violation. 
Penalty. 



Proviso. 



Game in 
transit. 



Game carried 
out of State 
to reach 
destination 
within the 
State. 



Proviso. 



negligently rtceive game for transportation contrary 
to the provisions of this section, shall be liable to a 
penalty of twenty-five dollars for each offense. 

Section 33. No person shall at any time transport 
or ship or remove or cause to be transportecl or 
shipped or removed, out of this State, any game- 
animal or game bird or vrild bird protected by this 
act ; or shall catch, take, or killl, or have in his pos- 
session or under his control, any of the gaipe-birds or 
game-animals or wild birds of this State, the killing; 
of which at any or all times is prohibited by the laws 
of this State, with intent to allow or aid in the ship- 
ment or removal thereof out of this State ; and ex- 
cepting as provided for iu this act, it shall be unlaAv- 
ful for any person acting in the capacity of a com- 
mon carrier, or as the operator of an automobile, or 
in control of a vehicle of any kind, to knowingly 
receive for transportation or transport, or remove or 
aid or assist in removing, beyond the limits of the 
State, any of the wild birds or game-birds or game- 
animals mentioned in this act. AVhoever shall of- 
fend against any provision of this section shall be 
liable to a penalty of two hundred dollai*s and six- 
months' imprisonment for each elk, and one hundred 
dollars for each deer, and twenty-five dollars for each 
game-bird, and ten dollars for each rabbit or hare or 
squirrel, or part thereof, either carried or attempted 
to be carried out of the State in violation of this 
section : Provided, That nothing contained in the 
laws of this Commonwealth shall be held to impose 
any penalty upon the transportation of game in un- 
broken packages, in transit through this State from 
another State ; or to the shipment out of the State, 
at any time, of game legally killed or taken in an- 
other State, whether the same be in original pack- 
ages or otherwise ; and no penalty shall attach, in 
any way when game legally killed in this Common- 
wealth is delivered, in good faith, to an express com- 
pany or other common carrier for transportation 
from one point to another point in this State, and is 
accompanied by the owner thereof, and actually de- 
livered at the point of destination within this State, 
if necessarily carried out of this State to reach its 
destination : And provided further. That any non- 



GAME, FISH, AND FORESTRY LAWS. 85 

resident liconsed hunter may take with liim person- X(,n rosidcnt 
ally, when leaving the State, in manner prescribed by liconsid him- 
that laAv controlling the shipment of game from one *^^'..."^''-^\ ^. • 
point, to another point in this Commonwealth, rela- ofij/ifv out of 
tive to the tagging of game, any of the game-animals State. 
or game-birds, except wapiti or elk, that such licensee Tiisgins. 
has lawfully taken or killed, not exceeding during the Quantity. 
season the number that any one person may lawfully 
take or kill in any one day. 

Any person violating this section, relative to the Violation. 
carrying or transportation of game out of the State 
by non-residents, shall be liable to a penalty, for each 
animal or bird taken or attempted to be taken out of 
the State, equal in amount to the penalty now im- ronaity. 
posed by law for the killing of such animal or bird 
during the close season, and, in addition, ^ shall be 
denied the right to hunt in this State for 'a period 
of five years from the date of his offense, under a 
penalty of twentj^-five dollars for each day such per- 
son may hunt contrary to this provision. 

Section 34. Each magistrate, justice of the peace, STinm.aiy 
and alderman shall have the power of summary con- convutioii. 
viction in matters pertaining to violation of any of 
the provisions of this act. All actions for violation ActioiLs. 
of any of the provisions of this act, except where the 
defendant is taken in the act of violating the law, or 
in a pursuit immediately following such violation, 
shall be commenced by affidavit made within two years Affidavit. 
after the date of such violation; and any magistrate, 
justice of the peace, or alderman In this Common- 
wealth, on complaint made before him, by affidavit, 
by one or more persons, of a violation of any of the 
provisions of this act by any person, is hereby author- 
ized and required to issue his warrant, under his wanants. 
hand and seal, directed to any constable, police officer, 
.game-protector, or any officer of the Commonwealth 
whose duty it is to protect the game and wild birds 
of the Commonwealth, and cause such person to be 
brought before him, such magistrate, justice of the 
peace, or alderman, who shall hear the evidence and Hearings, 
determine the guilt or innocence of the person ac- 
cused ; and, if such person be convicted of the of- 
fense charged, he shall be sentenced to pay the full Sentenoe. 
penalty prescribed by the section violated, togetlior 
with the costs of prosecution. 



86 



GAME, FISH, AND FORESTRY LAWS. 



rciiiilt ics. 

Disposition 
of when sal- 
aried ofllcor 
is prosecutor. 



Disposition 
of when 
other than 
salaried tf- 
tirer is prose- 
cutor. 



Statement. 



Duty of Set 
retary of tlit 
board. 



Separate 
fund. 



Appeals. 



Commit- 
ments. 



All penalties thus recovered, in cases where the 
prosecutor is a salaried officer of the Oommonwealth, 
shall be immediately surrendered by the court reeei\- 
ing the same to the prosecutor, who, in turn, as soon 
as may be, shall forward or deliver such amount in 
full to the Secretary of the Board of Game C\»m- 
missioners, at Harrisburg. 

Wliere any citizen of the Commonwealth other than 
a salaried officer is the prosecutor, one-half of any 
penalty thus collected shall be paid to such pro- 
secutor by the court receiving the same ; and the 
remaining one-half shall be, as soon as the case is 
fully determined before him, forwarded by such 
magistrate, justice of the peace, or alderman to the 
Secretary of the Board of Game Commissioners, at 
Harrisburg, together with a statement of the cause 
for whicU such money shall have been collected, the 
cost of which statement is hereby fixed at fifty cents 
and made a part of the costs of prosecution. 

It shall be the duty of said Secretary of the Board 
of Game Commissioners to, at least once a month, 
make return of all moneys officially received by him 
to the State Treasurer, who shall keep the moneys 
thus collected as a fund separate and apart, solely 
for the purpose of wild bird and game protection, 
and for the purchase and propagation of game under 
the supervision of the Board of Game Commissioners 
of the Commonwealth of Pennsylvania, and for the 
payment of bounties under the provisions of law. The 
several purposes to which the fund, so received by 
the State Treasurer, shall be applied to be clearly 
designated by an act of the Legislature, either in the 
general appropriation act or by separate appropria- 
tion. 

Either the prosecutor or defendant being dissatis- 
fied with the finding of the magistrate, .iustico of the 
peace, or alderman, in a trial for a violation of any 
provision of this act, shall be entitled to an appeal 
under the provisions of section fourteen of article 
five of the Constitution, and the laws of Pennsyl- 
vania relating thereto. 

On the conviction of the defendant of such offense, 
and his failure to pay the penalty in full imposed by 
this act, together with the costs of prosecution, the 
court hearing the case shall commit such defendant 
to the common jail of the county for one day for each 



GAME, FISH, AND FORESTRY LAWS. 



87 



dollar of penalty imposed : Provided, That any per- 
son caught in the act, or charged with a violation of 
any provision of this act, may, at his discretion, 
either before or after the bringing of the suit, sign an 
acknowledgment of the offense committed, and pay to 
any duly authorized Game-Protector or Deputy 
Game-Protector the penalty in full, as fixed by the 
section violated, together with costs, if any, to date : 
and the receipt which he shall receive therefrom, and 
which in all instances shall bear the imprint of the 
seal of the Board of Game Commissioners and the 
signature of its Secretary, shall be evidence of full 
satisfaction of the offense committed. 

Section 35. The following acts and parts of acts 
of Assembly are absolutely repealed; namely, — **** 

Act of May 1, 1909 (P. L. 325) ; Act of April 6, 
1911 (P. L. 49) ; Act of June 3, 1911 (P. L. 653) 
Act of June 15, 1911 (P. L. 957) ; Act of March 21 
1913 (P. L. 8) ; Act of AprH 2, 1913 (P. L. 33) 
Act of April 18, 1913 (P. L. 99) ; Act of April 22, 
1913 (P. L. 108) ; Act of May 1, 1913 (P. L. 137) 
Act of May 9, 1913 (P. L. 193) ; Act of April 
15, 1915 (P. L. 131) ; Act of April 15, 1915 (P. L. 
133) ; Act of April 21, 1915 (P. L. 146). * * * * 

All other acts and parts of acts inconsistent with 
this act arc repealed. The repeal of any of the afore- 
said acts of Assembly shall not affect any prosecu- 
tion pending at the date of the passage of this act, 
nor ijrevent the institution of any prosecutions for 
violations of any of the provisions of the aforesaid 
acts committetl prior to tlic passage of this act; but 
all such pendm.ii prosecutions shall be terminated, 
and all such violations shall be prosecuted, in the 
same nmurior and under the same authority and with 
like effect as prior to the passage of this act. 

Section 36. The provisions of this act shall be sev- 
erable, and if any of the provisions shall be held to 
be una»nstitutional such decision shall not affect the 
validity of any of the remaining provisions of this 
act. 

Approved — The 7th day of June, A. D. 1917. 

MARTIN G. BRUMBAUGH. 



rroviso. 



Acknowk'cls- 
ineiit of of- 
fense. 

Receipt. 



Repeals. 



General re- 
peal. 



Prosecution. 



Provisions 
shall be sev- 
erable. 



88 



GAME, FISH, AND FORESTRY LAWS. 



AN ACT' 



A.I -if .July 

1 itii. iniT. r 

L. >l.v. 



I».>i: Law 
liHT. 

t(^riiis. 



■■Livestuc 
ilt'rtnod. 



••Poultry" 
(lefin«'d. 

••IVrson^' 
(If In 10(1. 

Niiiiilu'i' a 
aenrter. 

■OAvrer" 
fined. 



i.f 



of 



id 



de- 



Relating to dogs, and the protection of livestock and 
poultry from damage by dogs ; providing for the li- 
censing of dogs; regulating the keeping of dogs, 
and authorizing their destruction in certain cases : 
providing for the protection of licensed dogs, and 
for dogs temporarily imported for trial, show, and 
breeding purposes ; prescribing certain privileges; 
for hunting dogs, and dogs cvN'ned or used by the 
Board of Ganie Commissioners ; providing for the 
assessment of damages done by dogs, and payment 
thereof by the proper county to the owners of live- 
stock and poultry, and of damages to licensed 
dogs ; imposing powers and duties on certain State, 
countj', city, borough, town, and townsliip officers 
and employes, and on city councils of cities of the 
first and second class ; and providing penalties. 

Section 1. Be it enacted, &c., That this act shall 
be known and may be cited as the Dog Law of Onr 
Thousand Nine Hundred and Seventeen. 

Section 2. For the purpose of this act the follow- 
ing terms shall have the following 



respec- 
tively designated for each : 

Tlie term "livestock" shall include horses, stallions, 
colts, geldings, mares, sheep, rams, lambs, bulls, bul- 
locks, steers, heifers, cows, cah^cs, mules, jacks, jen- 
ents, burros, goats, kids and swine. 

The term "poultry" shall include all domestic fowl. 

The word "person" shall include State and local of- 
ficers or employes, individiials. corporations, copart- 
nerships, and associations. Singular words shall in- 
clude the plural. Mascular words shall include the 
feminine and neuter. 

The word "owner" when applied to the proprietor- 
ship of a dog, shall include every person having a 
right of property in such dog, and every person who 
keeps or harbors such dog or has it in his care, and 
every person who permits such dog to remain on or 
about any premises occupied by him. 

*This is not a game Ihav and is put here only for the 
pnipose of inform 51 tion to owners of dogs. 



GAME, FISH, AND FORESTRY LAWS. 89 

Soctiou 3. Tlie terra '•kennel" shall mean any es- 'Keiiiiti" 
tablishment wherein or whereon dogs are kept for the deiinod. 
purpose of breeding, sale, or sporting purposes. 

The term "police officer" shall mean any person em- '^'.V.' ''*'.'",'!" 
ployed or elected by this Commonwealth, or by any '^^^ * '" '"*'' ' 
municipality, county, or township, and whose duty it 
is to preserve peace or to make arrests or to enforce 
the law. The term includes game, fish, and forest- 
wardens. 

Section 4. On or before the fifteenth day of Jan- Application 
nary, one thousand nine hundred and eighteen, and ^'^^' i'*'""^*'- 
on or before the fifteenth day of January of each 
year thereafter, the owner of any dog six months old 
or over shall apply to the county treasurer, either 
orally or in writing, for a license for each such dog 
owned or kept by him. Such application shall state 
tlie breed, sex. age, color, and 'markings of such dog. 
and the name and address of the last previous ownei- ; 
and shall be accompanied by a fee of not less than fp^ for tath 
one dollar, nor more than two dollars, for each male dog. 
dog and each spayed female dog ; and by a fee of 
not less tlian two dollars, nor more than four dollars, 
for each unspayed female dog. The license fee shall 
be determined by the commissioners of the several 
counties of the State, and shall be the only license 
or tax required for the ownership or keeping of said 
dog or dogs. 

Section 5. Such license shall be issued on a form License. 
prepared and supplied by the county commissioners. 
Such license shall be dated and numbered, and shall 
bear the name of the county issuing it and a descrip- 
tion of the dog licensed. All licenses shall be void up- winn void. 
on the fifteenth day of January of the following year. 
The county commissioners shall also furnish, and the 
county treasurer shall issue, with each license, a 
metal tag. Such tag shall be affixed to a substantial CoHar and 
collar. The collar shall be furnished bv the owner, tag to he 
and with the tag attached shall at all times be kept •"^"''^ """ ''"" 
on the dog for which the license is issued, except when 
confined in the kennel ; and except, also, that dogs 
owned or used by the Board of Game Commissioners 
of the Commonwealth, or their special deputy game- 
protectors, servants, agents, and employes, shall not 
be required to wear the collar and tag aforesaid when 
used in hunting wildcat and bear during the winter Exceptions. 
months of December, January, and February in each 
and every year. 



90 



GAME, PISH, AND FORESTRY LAWS. 



County com- 
niissionors to 
luraish tags. 



Tags de- 
scribed. 



Lost tag'< to 
be replaced 
without rost. 



Tags issued 
by justic- 0) 
the peace. 



Fee of jus- 
tice of the 
peace. 



Ite|iort 
< ounty 
treasurer 



to 



Section 6. The county commissioners shall pre- 
pare, and furnish annually to the county treasurer, 
metal tags to be given by the county treasurer to the 
owners of clogs when such owners shall pay the li- 
cense fee for said dogs. Such tags shall be of metal, 
and shall bear the name of the county issuing it, and 
a serial number corresponding with the number of 
the license issued to said owner, as provided in the 
preceding section of this act. Such tags shall also 
have impressed thereon the calendar year for which 
such tag is issued, and shall not be more than one 
inch in length, and shall be equipped with a substan- 
tial metal fastening device! The general shape of 
said tag shall be changed from year to year. 

If any such tag is lost it shall be replaced without 
cost by the county treasurer, upon application by the 
person to whom the original license was issued, and 
upon production of such license. 

Section 7. Any justice of the peace within the 
county who has qualified by having applied to the 
county treasurer, and having received and receipted 
for necessary blanks and tags, may issue such dog 
licenses and tags in like manner as prescribed for the 
issuance of licenses by the county treasurer. When 
a license is issued by a justice of the peace the per- 
son applying for the license shall pay fifteen cents to 
the said justice, in addition to the other fees pre- 
scribed as the cost of said license. Said fifteen cents 
shall be retained by the justice of the peace as his fee 
for the issuance of said license and reporting the same 
and remitting payment therefor to the county treas- 
urer. Such report and remittance shall be made by 
the justice of the peace within twenty-four hours 
after the issuance of any license by him ; whereupon 
the county treasurer shall make a record of, and 
otherwise treat, said license as though it had been 
issued from his oflice, except that he shall also note 
upon his record the name of the justice issuing the 
license. 

Every justice of the peace shall deliver the book 
or books from which he has issued licenses, together 
with the stubs therein properly filled out and showing 
the names of each licensee and the number of the 
license issued to him, to the county treasurer before 
the fifteenth day of January of each year. 



GAME, FISH, AND FORESTRY LAWS. 91 

Section 8. Any person becoming the owner, after License for 
the fifteenth day of January of any year, of any dog dogs six 
six months old or over which has not already been J^onths old. 
licensed, or any person owning or keeping a dog which 
becomes six months old at any time after the fifteenth 
daj' of January of any year, shall forthwith apply for 
and secure a license for such dog in the same manner 
as the annual license is obtained under the provisions 
of this act. If any such application is made at any 
time after the fifteenth day of July of any year the 
license fee shall be, — for each male or unspayed fe- 
male dog, one-half of the amount fixed as the annual Fee. 
license, by county commissioners, for male or spayed 
female dogs ; for each unspayed female dog, one-half 
of the amount fixed as the annual license, by the 
county commissioners, for unspayed female dogs. 

Section 9. No license or license tag issued for one Transfer of 
dog shall be transferable to another dog, except as license or 
provided in sections eleven and twelve of this act. *^»- 
Whenever the ownership or possession of any dog is 
permanently transferred from one person to another 
within the same county, the license of such dog maj' 
be likewise transferred, upon notice given to the coun- 
ty treasurer. This act does not require the procure- 
ment of a new license, or the transfer of a license 
already secured, when the possession of a dog is 
temporarily transferred for the purpose of hunting 
game, or for breeding, trial, or show, in this Com- 
monwealtli. 

Section 10. Whenever any dog licensed in one Removal of 
county is permanently removed to another county, <iog to an- 
the county treasurer of the county where the license other county. 
was issued shall, upon the application of the owner 
or keeper of such dog, certify such license to the 
treasurer of the county to which the dbg is removed. 
Such treasurers shall thereupon, and upon the pay- 
ment of a fee of twenty-five cents, issue a license and 
tag for such dog in the county to which it is removed. 

This section does not apply to dogs used during the When this 
hunting season for hunting game, or temporarily for section does 
breeding, trial, or show, in the Commonwealth ; nor "^* '^pp'J 
for the transportation of dogs for hunting, breeding, 
trial, or show purposes, the home county license hold- 
ing good for such purposes throughout the Common- 
wealth. 



92 GAME, FISH, AND FORESTRY LAWS. 



\ 



Ke'.uK'l li- 
c'ouse. 



Section 11. Any person who keeps or operates a 
kennel may, in lieu of the license for each dog re- 
quired by this act, apply to the county treasurer foi- 
a kennel license entitling him to keep or operate such 
kennel. Such license shall be issued by the countj 
treasurer, on a form prepared and supplied by the 
county commissioners, and shall entitle the licensee 
to keep any number of dogs six months old or over, 
not at any time exceeding a certain number to b<* 
Fee. specified in the license. The fee to be paid for eacli 

kennel license sliall be five dollars for ten dogs or 
less, and ten dolhirs for more than ten dogs permitted 
Tags. to be kept under the kennel licenses. With eacli 

kennel license the countj^ treasurer shall issue a num- 
ber of metal tags equal to the number of dogs author- 
ized to be kept in the kennel. All such tags shall 
bear the name of the county issuing it, the name of 
the kennel license, and shall be readily distinguish- 
able from the individual liccnise tags for the same 
year. 
Transfer of Section 12. The licensee of a kennel shall, at all 

tag.s. times, keep one of such tags attached to a collar on 

each dog six months old or over kept by him under a 
kennel license. Such tags may be transferred from 
one dog to another within the kennel whenever any 
dog is removed from the kennel. No dog bearing a 
kennel tag shall be permitted to stray or to be taken 
anywhere outside the limits of the kennel. 
Dogs tftiiipo- This section does not prohibit the taking of dogs 
rariiy outsidi having a kennel license outside the limits of the ken- 
of kennpi. j,^} temporarily and in leash, nor does it prohibit the 
taking such dogs out of the kennel temporarily for 
the purpose of hunting, breeding, trial, or show. 
Dyss hrought Section 13. Any person may bring or cause to b<' 
stato^tem- brought into the State, for a period of thirty days one 
poiaiiiy. or more dogs for show, trial, or breeding purposes. 

Section 14. The county treasurer shall keep a rec- 
urer' to keep ^^^ ^^ ^^^ ^^^S licenses, and all kennel licenses, and all 
innia. permits issued during the year. Such records shall 

contain the name and address of the person to whom 
each license or permit is issued. In the case of an 
individual license, the record shall also state the 
breed, sex, age, color, and markings of the dog li- 
censed ; and in the case of a kennel license, it shall 
state the place where the business is conducted. The 
record shall be a public record and open to persons 
interested, during business hours. 



GAME, FISH, AND FORESTRY LAWS. 93 

Whenever the ownership or possession of any dog Tninsivis to 
licensed under the provisions of this act is trans- be iccoKUd. 
ferred from one person to another, except the tem- 
porary transfer of dogs for hunting purposes, or for 
breeding, trial, or show, as provided in section nine 
of this act, such transfer shall be noted on the record 
of the county treasurer. 

Section 15. An accurate record of all license fees Couuiy to 
collected by the county treasurer, or paid over to him ^^* ^''*=^ 
by any justice of the peace, shall be kept as a matter 
of information ; but all such funds shall be turned 
into the county funds. All moneys at present in the 
"dog fund" derived from taxation of dogs, under the 
existing law, shall be turned into the county fund. 
All bills incurred under this act, or due at the time PaynKiu of 
of the passage of this act, shall be paid out of the ^"Vis- 
county fund, and any excess moneys collected under 
this act shall be used for other county purposes. 

Section 16. The assessors for taxation purposes in inciuiiy of 
each township, borough, town, and city of this Com- assessors. 
monwealth shall annually, at the time of assessing 
property as required by law, make diligent inquiry as 
to the number of dogs owned, harbored, or kept by 
any person so assessed. 

The assessor shall annually, on or before the thirty- Assessors' re 
Jirst day of December, make a complete report, on a P^^'^- 
blank form furnished by the county commissioners, 
to such commissioners, setting forth the name of every 
owner of any dog or dogs, how many of each sex are 
by him owned or harbored, and if a kennel is main- 
tained by any person such fact shall also be stated. 
It shall be the duty of the assessor, at the time of 
making the assessment, to notify the owner of such 
dog or dogs that he must obtain a license for the 
same as provided for in this act ; but the neglect or 
failure so to notify such owner shall not relieve the 
owner from his duty to obtain such licenses. 

Section 17. On and after the fifteenth day of Jan- ^ot effective 
nary, one thousand nine hundred and eighteen, it .Tanuary ir>, 
shall be unlawful for any person to own or keep any i*'^S- 
dog six months old or over unless such dog is licensed 
by the treasurer of the county in which the dog is 
kept ; and unless such dog at all times M'ears the col- 
lar and tag provided for by this act, unless such dogs 
are temporarily brought into the State for breeding, 
trial, or show purposes. 



94 



GAME, FISH, AND FORESTRY I.AWS. 



Seizure of 
(logs running 
at large. 

Duties of offi- 
cers. 



Dispo.sal of 

vinclaimed 

(logs. 



Sale for vivi 
.section pro- 
hibited. 

Pay of of- 
lioors. 



1 'en it It J- for 
non-perform- 
ance of rhity 



When dogs 
may be 
killed. 



Section 18. It shall be the duty of every police of- 
ficer to seize and detain any dog or dogs which bear a 
proper license tag, and which are found running at 
large and unaccompanied by its owner or keeper. It 
shall be the duty of every police officer to kill any dog 
which does not bear a proper license tag, which is 
found running at large. The chief of police or his 
agents, of any citj', the high constable of any borough, 
or the constable of any borough not having a high 
constable, and the constable of any incorporated town 
or township, shall cause any dog bearing a proper 
license tag and so seized and detained to be properly 
kept and fed, and shall cause immediate notice, either 
personal or by registered mail, to be given to the per- 
son in whose name the license was procured, or his 
agent, to claim such dog within ten days. The owner 
of a dog so detained shall pay all leasonable expenses 
incurred by reason of its detention, under the pro- 
visions of this section, before the dog is returned. 

Section 19. If, after ten days from the giving of 
such notice, such dog has not been claimed, such chief 
of police or his agent, constable, or high constable 
shall dispose of such dog by sale, or by destruction 
in some humane manner. No dog so caught and de- 
tained shall be sold for the purpose of vivisection. 
All moneys derived from the sale of such dog, after 
deducting the expenses of its detention, shall be paid 
to the county treasurer and by him placed in the 
countj'^ fund. For services under sections eighteen and 
nineteen of this act, such officers shall be paid the 
sum of one dollar for detaining a licensed dog, and 
the sum of one dollar for the killing of a dog. All 
expenses incurred under this act or the preceding 
section, and not otherwise provided for, shall be paid 
by the proper county. 

Section 20. For failure to perform his duty under 
the provisions of this act, such police officer shall be 
liable to a penalty of two dollars for each offense, 
which amount shall be deducted from any amount 
due such police officer from the county, at any settle- 
ment between such officer and the county commis- 
sioners. 

Section 21. Any person may kill any dog which he 
sees in the act of pursuing, worrying, or wounding 
any livestock, or attacking human beings, whether or 



GAME, FISH, AND FORESTRY LAWS. 95 

not such dog bears the license tag required by the 
provisions of this act. There shall be no liability on 
such person in damages or otherwise for such killing. 

Any unlicensed dog that enters any field shall con- 
stitute a private nuisance, and the owner or tenant 
of such field, or their agent or servant, may kill such 
dog while it is in the field, without liability or re- 
sponsibility of any nature for such killing. 

Licensed dogs when accompanied by their owner or 
handler shall not be included under the provisions of 
this section, unless caught in the act of worrying, 
wounding, or killing any livestock, or attacking hu- 
man beings. 

Section 22. All dogs are hereby declared to be per- Suiijects of 
sonal property and subjects of laceny. Except as ^^'"'^y- 
provided in section of twenty-one of this act, it is un- 
lawful for any person, except a police officer, to kill, 
injure, or poison, or to attempt to kill, injure, or 
poison, any dog which bears a license tag for the 
current year. 

It is unlawful for any person to place any dog- roisoning. 
button, or any poison of any description, in any place ^ 
on his own premises or elsewhere where it may be 
easily found and eaten by dogs. 

It shall be unlawful for any person, except the Remorai of 
owner or authorized agent, to remove any license tag tag. 
from a dog collar, or to remove any collar with a li- 
cense tag attached therto, from any dog. 

It shall be unlawful for any person to harbor, or Harboring, 
permit to remain about his premises, any dog not 
having a license. 

This section does not prohibit the Board of Game Board of 
Commissioners, or any of its officers and agents, from Game com- 
placing poison, under the provisions of the game law^s ™issiouers. 
of this Commonwealth. 

Section 23. It is unlawful for the owner or keeper Female dog. 
of any female dog to permit such female dog to go 
beyond the premises of such owner or keeper at any 
time she is in heat, unless such female dog is held 
properly in leash. 

Section 24. The owner or keeper of every dog shall Night stray- 
at all times, between sunset and sunrise of each day, i^?-,.^!^' 
keep such dog — either (a) confined within an enclo- ^ ^ ® • 
sure frorh which it cannot escape, or (b) firmlv se- 
cured by means of a collar and chain or other device 
so that it cannot stray beyond the premises on which 
it is secured, or (c) under the reasonable control of 



96 



GAME, FISH, AND FORESTRY LAWS. 



Dinujifit- TO 
or loss irf 
livestock. 



('oiiijilaiiit 
liv iiwiK r. 



D«'t(-Vii)iiia- 
tion of 
Minoiinl of 



LJ;ilality 
ovviier ov 
ki'cper. 



of 



Ceri.iftc;i 
cxHiniiiiit ion 



of 



Fop 
cial 



for si)e- 
service. 



some person, or when engaged in lawful hunting 
accompanied by an owner or handler. 

Section 25. Whenever any person sustains any 
loss or damage to any livestoi'k or poultry by dogs, 
or any livestock of any person is necessarily de- 
stroyed because of having been bitten by a dog, such 
person, or his agent f)r attorney, may complain to 
any township auditor, or to any justice of the peace, 
magistrate, or alderman of the township, town, bor- 
ough, or city. Such complaint shall be in writing, 
shall be signed by the person making such complaint, 
and shall state when, where, and how such damage 
was done, and by whose dog or dogs, if known. Such 
township auditor, justice of the peace, magistrate, oi- 
alderman shall at once examine the place where th(> 
alleged loss or damage was sustained anu the livo- 
stock or poultry injured or killed, if practicable. He 
shall also examine, under oath or affirmation, any 
witness called befoi-e him. After making diligent in- 
quiry in relation to such claim, such township audi- 
tor, justice, magistrate, or alderman shall determine 
whether any damage has been sustained and the 
amount thereof, and, if possible, who was the owner 
of the dog or dogs by which such damage was done. 

Any owner or keeper of such dog or dogs shall b(> 
liable to the owner of such livestock or poultry in 
a civil action for all damages and costs, or to the 
county to the extent of the amount of damages paid 
by such county as hereinafter provided. 

Section 26. Upon making the examination re- 
quired in section tv/enty-five of this act, the town- 
ship auditor, justice, magistrate, or alderman shall 
immediately make a certificate thereto, signed and 
sealed by him, that such appraisement was regularly 
and duly made. If, by such examination, it appears 
that any damage has been sustained by the complain- 
ant, the township auditor, justice, magistrate, or al- 
derman shall deliver the report of such examination, 
and all papers relating to the case, to the claimant, 
or his agent or attorney, upon payment of the costs 
up to that time. Such report shall be delivered to 
the county commissioners to be filed in their office. 

Section 27. Township auditors, justices of the 
peace, magistrates, and aldermen, for the special serv- 
ice required under sections twenty-five and twenty- 
six of this act, shall receive two dollars for each case, 
and five cents per mile for each mile traveled, to be 



loss or (ijim- 
ase. 



GAMB, FISH, AND TORESTRY LAWS. 97 

paid by the claimant in each case. In all cases 
Avherc damages are awarded, the fees paid by claim- 
ants shall be included in the amount of such dam- 
ages. 

Section 28. Upon the commissioners of the county ra.vmciit uf 
receiving such report, if it appears thereby that a ;i:iii" '•;' 
certain amount of damages has been sustained by the 
claimant, they shall immediately draw their order 
on the treasurer of the county in favor of the claim- 
ant for the amount of loss or damage such claimant 
has sustained according to such report, together with 
necessary and proper costs incurred. Such amount 
shall be paid by the proper county. No person shall 
receive any order for any claim until the township 
auditor, justice of the peace, magistrate, or alderman 
before w^hom the claim was made has certified that 
' due diligence was made to ascertain whose dog or 
dogs did the damage, and that the carcasses of the 
livestock or poultry killed, and for which damages 
liave been assessed, were buried within twenty-four 
hours after the assessment of damages. The owners liuriai of 
of any livestock or poultry killed by dogs, or live- i:y»'_^tock or 
stock necessarily destroyed because of ha%ing been [!'i'"'^'-* 
bitten by a dog, shall be paid fifty cents each for 
burial of such livestock or poultry killed, to be paid 
as other damages under this section. Upon payment 
by the county of damages to livestock or poultry by 
dogs, the rights of the owner of such livestock or 
poultry against the owner of the dog, to the extent 
of the amount of damages so paid by such county, 
shall enure to the benefit of the county. 

Section 29. No payment shall be made for any I'dynicat ai- 
item which has already been paid by the owner of icaVty nnuie 
the dog or dogs doing the injury. The fact that no '">' """tn"- 
such payment has been made shall be certified by the 
township auditor, justice of the peace, magistrate, or 
alderman. 

When any payment is made by the county for any p^^.^ 
livestock bitten by a dog, such payment shall not ex- county!^ 
ced one hundred dollars for each horse or mule, forty 
dollars for each head of cattle, or six dollars for each ^ 

'head of swine. 

Section 30. Any valid claims or parts thereof for Vuii.i cinims 
loss or damage to sheep, horses, mules, cattle, or s'>aii not 
swine, which have accrued under any general or local '''^***to. 



98 



GAME, FISH, AND FORESTRY LAWS. 



Notice to 
kill dogs. 



Exemption 
from further 
liability. 

Owner's fail- 
ure to kill. 



Proviso. 



False state- 
ments. 



Burdem of 
proof. 



laws at any time prior to the passage of this act, 
shall not abate by reason of the repeal of such gen- 
eral or local act, but shall be paid out of the general 
fund of the proper county. 

All claims of parts thereof remaining unpaid for 
any reason at the close of any year shall not abate, 
but shall continue as claims until paid in full. 

Section 31. If, in the report of the township 
auditor, justice of the peace, magistrate, or alder- 
man, the name of the owner of any dog or dogs hav- 
ing caused loss or damage to any livestock is defi- 
nitely and conclusively shown, the county commis- 
sioners shall notify such owner or keeper immediately 
to kill said dog or dogs : and if said dog or dogs be 
killed in accordance with such notice or order, the 
owner or keeper of said dog or dogs shall be exempt 
from all further liability. 

Upon failure, however, of such owner to comply 
with such order within a period of ten days, he shall 
be liable for the damages caused by said dog or dogs ; 
and the chief of police or his agent of tlie township, 
town, borough, or city in which said dog or dogs are 
kept shall, upon notice from the county commission- 
ers, kill such dog or dogs wherever found. For such 
service he shall be entitled to one dollar for each dog 
so killed, to be i^aid by the proper county, upon a 
certified statement to the commissioners that such 
dog or dogs have been killed by him. The county 
commissioners shall issue an order on the county 
treasurer for such amount, unless ])ayment has been 
made by the owner or keeper of the dog or dogs : 
Provided, however, That the owner or keeper of any 
licensed dog or dogs that have caused loss or dam- 
age to poultry shall not be obliged to kill said dog 
or dogs unless said dog or dogs are mad, but shall 
be liable for said loss or damage. 

Section 32. It is unlawful for any person know- 
ingly to make any false statement or to conceal any 
fact required to be disclosed under any of the provis- 
ions of this act. 

Section 33. In any proceedings under this act the 
burden of proof of the fact that a dog has been li- 
censed, or has been imported for breeding, trial, or 
show purposes, or that a dog is under the age of six 
months, shall be on the owner of such dog. 



GAME, FISH, AND FORESTRY LAWS. 



99 



Any dog not bearing a license tag shall prima facie 
be deemed to be unlicensed. 

Section 34. The Secretary of Agriculture, through 
his officers and agents, shall have the general super- 
^dsion over the licensing and regulation of dogs and 
protection of livestock and poultry from damage by 
dogs in all counties of the Commonwealth. The com- 
missioners of each county shall enforce, within their 
respective jurisdiction, the provisions of this act. To 
this end the Secretary of Agriculture may employ all 
proper means for the enforcement of this act. Any 
other State department, bureau, or commission may, 
on request of the Commissioner of Agriculture, assist 
in the enforcement of the provisions of this act. 

Section 35. Any person violating, or failing or re- 
fusing to comply with, any of the provisions of this 
act shall be guilty of a misdemeanor, and upon con- 
viction shall be sentenced to pay a fine not exceed- 
ing one hundred dollars, or to undergo an imprison- 
ment not exceeding three months, at the discretion of 
the court. 

All fines collected under the provisions of this act 
shall be forthwith paid to the treasurer of the proper 
county. 

Section 36. This act is intended as a complete and 
uniform system throughout the Commonwealth for 
the licensing of dogs and the protection of livestock 
and poultry from injury by dogs ; but nothing in this 
act shall interfere with any law for the protection 
and preservation of game. Except where such acts 
or parts of acts are specifically repealed, this act 
does not repeal or affect any acts or parts of acts re- 
lating to mad dogs or dogs affected with any disease. 

Section 37. Nothing in this act shall be construed 
to prevent the owner of a licensed dog from recovery, 
by action at law, the value of any dog which dog has 
been illegally killed by any police officer, farmer, 
stockman, or other person within this Common- 
wealth, from said police officer, farmer, stockman, or 
other person. In case such police officer or other 
person fails to pay the value of such dog so killed, 
the same shall be paid by the proper county. Said 
value of said dog to be ascertained in the same man- 
ner and form as provided in section twenty-five of 
this act for assessing the damage done to livestock by 
dogs. 



Enforcement 
of act by 
Secretary of 
Asricnlture. 



Violatlona. 



Penalty. 



Fines. 



Limitation, 
of act. 



Damages for 
dogs illeg- 
ally killed. 



100 GAME, PISH, AND FORESTRY LAWS. 

Do^s iiuising Nothing in this act shall be so construed as to pre- 
dPiTr or other vent the killing of a dog caught chasing deer at nny 
gamo. time of the year, on either public or private lands : 

or to prevent the killing of dogs by any officer em- 
powered to enforce the game laws of this Common- 
wealth when said dogs are pursuing game during the 
closed season for the training of dogs on game, pro- 
viding said dogs are not under the immediate control 
or accompanied by their owners or keepers, and also 
])rovided that legal notice has previously been given 
said owner or keeper as required by the game laws 
of this CommonM'ealth. 
Provisions of Section 38. In the e\oiit that any one or more of 
act sever- tlie provisions of this act should be decided to be un- 
able, constitutional, the court's decision holding the same 
tmconstitutional shall not affect the validity of the 
remaining provisions of this act, it being the inten- 
tion of the Legislature that the pro\isions of this act 
are severable. 

Section 39. The powers and dtities given to and 
fi'^t^iuf imposed upon county commissioners and other ofti- 

seooiui" class, cers by this act shall not extend to cities of the first 
and second class. In cities of the first and second 
class the power and duty to fix and collect the li- 
cense fees provided in section four of this act, and 
issue license tags, and otherwise perform and carry 
out the provisions of this act within the limits of 
such cities shall be, and are hereby, given to and 
imposed upon the council or councils of each of said 
cities respectively. 

Section 40. This act does not vopi'jil or in anywise 
^ttwtoT* affect any of the provisions of the following acts :■ — 

'■ " ^^ ' The act, approved the first day of May, one thou- 

1900. r. L. sand nine hundred and nine (Pami)hlet Laws, three 
'^-''- liundred twenty-five), entitled "An act to provide for 

the protection and preservation of game, game-quad- 
rupeds and game-birds, and song and insectivorous 
and other wild birds, and prescribing penalties for 
violation of its several provisions." 

The act, approved the fifteenth day of April, one 
191. ", v. L. thousand nine hundred and fifteen (Pamphlet Laws, 
i'^''- one hundred thirty-three), entitled "An act to amend 

section twenty-one of an act entitled 'An act to pro- 
vide for the protection and preservation of ganip, 
game-quadrupeds and game-birds, and song and in- 
sectivorous and other wild birds, and prescribing pen- 
alties for violation of its several provisions,' approved 



GAME, PISH, AND FORESTRY LAWS. 101 

llic first day of May, Anuo Domini one thousand nine 
hundred and nine, by extending the season during 
which dogs may be trained." 

The act, approved the first day of June, one thou- I9if), p. l. 
sand nine hundred and fifteen (Pamphlet Laws, six 64*' 
hundred forty-four), entitled "An act to give addi- 
tional protection to wild birds and animals and game 
within the Commonwealth of Pennsylvania ; prohib- 
iting the hunting for, or capture or killing, of such 
wild birds or animals, or game by unnaturalized for- 
eign-born residents ; forbidding the ownership or pos- 
session of dogs by any unnaturalized foreign-born 
resident within the Commonwealth ; and prescribing 
penalties for violation of its provisions." 

Section 41. The following acts and parts of acts Acts re- 
are hereby repealed : — pealed. 

=!=..* * The Act of Mav 18th, 1878 (P. L. 72); 
Act of June 12tl), 1878. (P. L. 198, No. 231), Act of 
May 15th, 1880 (P. L. 222) : Act of May 25th, 1893, 
(P. L. 136) ; Act of June 7th, 1897, (P. L. 130, No. 
105) : Act of April lltli. 1901, (P. L. 73, No. 43) ; 
Act of April 23rd. 1901, (P. L. 92) ; Act of March 
1st, 1905, (I*. L. 28) ; Act of June 1st, 1907, (P. L. 
362) ; Act of April 23rd, 1909, (P. L. 170) : Act of 
June 15th, 1911, (P. L. 968) ; Act of May 20th, 
1913, (P. L. 259) ; Act of June 3rd, 1915, (P. L. 
790, No. 350) ; Act of June 3rd, 1915, (P. L. 791) ; 
Act of April 24th, 1903, (P. L. 296) insofar as it 
relates to dogs. 

Section 42. All other acts or parts of acts, gen- 
eral, local or special, inconsistent with or supplied by 
this act, are hereby repealed. 

Approved— Tlie 11th day of July, A. D. 1917. 

MARTIN G. BRUMBAUGH. 



102 



GAME, FISH, AND FORESTRY LAWS. 



AN ACT. 

May 23, Oreating a reward or bounty for the destruction of 

1919, P. L. certain noxious animals killed within the Com- 

270* monwealth of Pennsylvania ; providing a method 

for the payment of the same ; and providing the 
method of furnishing evidence of said destruction, 
and penalties for the violation of the several pro- 
visions hereof. 

Section 1. Be it enactod, &c., That a reward or 
bounty shall be paid by this Commonwealth for the 

killing, within the Commonwealth only, of the follow- 
ing noxious animals : For each Canada or bay lynx, 
commonly called bobcat or wildcat, the sum of eight 
dollars ; for each fox, the sum of two dollars ; for 
each weasel, the sum of two dollars ; and for each 
mink, the sum of one dollar. 

Section 2. It shall be the duty of any person who, 
having killed within this Commonwealth one or more 
of the animals named in section one of this act, and 
being desirous of securing the reward or bounty 
named for such killing, as fixed by section one of this 
act, to produce such slain animal or animals, or the 
entire pelt thereof, before any game protector, or 
special deputy game protector, or any other person 
authorized to administer oaths, within this Common- 
Affidavit, wealth, and to make affidavit that he or some other 
member of his family, naming such person, killed the 
same (naming it), stating clearly the approximate 
time of such killing, that it was killed in a wild state, 
that the place where such animal was ki'lled (naming 
it) was within the Commonwealth of Pennsylvania, 
and that such animal was not reared in captivity. 
Fee for Afft- Upon the production of such animal or pelt before 
davit. any person authorized to take affidavits under the 
provisions of this act, such official shall prepare his 
statement in accordance with the provisions of this 
act, and such official shall include in one affidavit all 
claims for bounty that may be made by one person, 
at one time, not to exceed five, and shall, excepting 
in the case of a salaried game protector, receive, in 
full for services rendered, a fee of twenty-five cents 
(25c) where but one animal is named in such affi- 



Noxiou» 
animals. 
Bomities 
for killing. 

Wildcat. 

Fox. 

Weasel. 

Mink. 

Procedure to 
secure bount] 



Production 
of animal 
or pelt. 



GAME, FISH, AND FORESTRY LAWS. 



103 



davit ; where more than one animal is named in one 
affidavit, the fee shall be fifty cents (50c) ; such fee 
in all cases to be paid by the claimant for bounty. 
The affidavit shall preferably be made upon forms to 
be provided by the Board of Game Commissioners on 
demand made by any person authorized to take affi- 
davits within this Commonwealth ; and all affidavits 
of this character shall, in all cases, clearly set forth 
the name of the animal killed for which a bounty is 
claimed, the name of the person killing same, the ap- 
proximate time when such animal was killed, that it 
was killed in a wild state, giving as nearly as possi- 
ble the name of the place and county within this 
Commonwealth where same was killed, and that such 
animal was not reared or held in captivity. 

Upon the completion of such affidavit and the pay- 
ment of the fee as above stated, the game protector 
or other person administering the oath shall, with- 
out splitting the face or otherwise mutilating the 
skin as otherwise provided in this act, deliver said 
affidavit and skin or pelt brought before him to the 
claimant for bounty, who shall, as soon as may be, 
forward such affidavit and the unmultilated skin or 
pelt of the animal or animals for the killing of which 
a bounty is claimed and named in such affidavit to 
the Secretary of the Board of Game Commissioners 
at Harrisburg. 

Section 3. Upon the receipt of such affidavit and 
skins or prlts in proper form, the Secretary of the 
Board of Game Commissioners, being satisfied that 
the skins or pelts presented to him are the skins or 
pelts of animals for the killing of which a bounty is 
offered by this act, and that such claims are in all 
respects legitimate, shall split the face of the skin 
from between the eyes through the end of the nose ; 
and shall as quickly as may be, forward his check to 
the claimant for the amount found to be due, and 
shall return all such skins or pelts, at the expense 
of the bounty fund, to such address as the owner may 
direct ; and shall, at least once a month, render an 
accounting to the Auditor General, in such form as 
he may prescribe, of all claims paid, giving the name 
and address of the payee, the number of the check 
given, and the amount so paid. 



Affidavit. 



Duty of 
official. 



Delivery of 
pelt anrl 
affidavit to 
claimaut. 

Forwarding 
of Affidavit 
to Board of 
Game Com- 
missi ouers. 

Duty of Sec- 
retary of 
board. 



^Mutihition 
of pelt. 

Forwarding: 
of check 
and pelt 
to claimant. 



Accfiuntins: 
Avith Auditor 
Ocm-ral. 



Wai ijiiits. 



l'"Ull(l Inr 



104 GAME, FISH, AND FORESTRY LAWS. 

iio(iuisitiuns For the purpose of this authority, the Secretary of 

oi' St lite the Game Commission is hereby empowered to make 

Treasurer. requisition upon the fund in the State Treasury des- 
ignated by law as the Bounty Fund, and to secure 
through a warrant of the Auditor General, such an 
amount monthly from such fund as may be consid- 
ered necessary to meet the demands that may be 
made for bounty during the succeeding month. The 

r. 1. bond of the Secretary of the Game Commission shall 

be in such amount as to cover the amount of cash 
in his hands at any time. 

Section 4. The Auditor General, upon presenta- 
tion to him of the requisition of the Secretary of the 
Board of Game Commissioners, shall draw his war- 
rant upon tlie State Treasurer against the fund, here- 
inafter designated, received from the hunters' license 
fees, fines, penalties, and other laws of this Com- 
monwealth, as set out in the fifth section of this act 
oi: Assembly, and hereinafter designated, "Fund for 
the Payment of Bounties." 

Section 5. Pursuant to section twelve of the act 
]iiiyiiHnt'of of April Seventeenth, one thousand nine I-iundred and 
i>()niiti(s. thirteen (Pamphlet Laws, eighty-five), providing for 

.. the licensing of hunters, which provides, "It being 
17. lOiH ?p. specifically provided that fifty percentum of any fund 
T./sr, ). returned to the State through or because of the pro- 

visions of this act, or so much of said fifty per cen- 
tum as may be needed, shall be npplied by the Leg- 
islature at its biennial sessions to the payment of 
bounties," — one-lialf of the said sum hereafter re- 
ceived from all hunters' license fees, fines, and pen- 
alties, under the provisions of said act of Assembly, 
and all other fines and penalties set apart under any 
other laws of this Commonwealth for the payment of 
bounties, are hereby directed to be placed by the 
State Treasurer in a separate and special fund, to be 
designated and known as "Fund for the Payment of 
Bounties" ; and all the moneys placed in said fund 
are declared to bo available as soon as paid into the 
State Treasury, and are hereby specifically appropri- 
ated for the payment of the bounties as provided by 
this act ; and the Auditor General shall charge 
against the said fund all the warrants drawn by him 
for the payment of bounties ; and the State Treas- 
urer is directed to pay out of said fund all of the 
Avarrants so drawn by the Auditor General in favor 
Proviso. of the Secretary of the Game Commission : Provided, 



GAME, FISH, AND FORESTRY LAWS. 105 

That the office expenses, clerk hire, postage, et cetera, 
necessary to the performauce of the extra duties im- 
posed by this act upon the Board of Game Commis- 
sioners, shall be a charge iagainst the fund created 
by this act, and shall be paid, upon requisition of 
tlio Secretary of said board, and in the same form 
and manner as requisitions for bounty are paid: Pro- imx^,, 
\ided further, That any moneys so placed in this 
t'niid and not needed under the provisions of this act, 
shall be used solely for the purpose of wild bird and 
,i;ame protection, under the supervision of the Board 
of Game (Jomniissionors, in the same manner as 
oth<;r moneys held separate and apart for such use. 

Section 0. The game protectors and special dep- onihs. 
uty game protectors of the Commonwealth of Pcnn- 
syhania are hereby authorized and empowered to ad- 
minister the oath necessary to the proving of the 
claims made, as provided by section two of this act, 
but no charge lor administering such oath is to be 
made by any saUiried game protector : Pro\ided, 
That special deputy game protectors shall supply 
s<'als at their own expense for such work. 

Section 7. It shall be unlawful for any person, at l'r'>iiii'iti<'iis. 
any time, to collect, or to attempt to collect, a boun- 
ty for the killijig of any animal nam(>d in this act, 
the front of the face of which is s])lit befoio presen- 
tation to the persons autlKtiized to take affidavits 
under the provisions of this act; or to, at any time, 
collect, or attempt to collect, a second bounty for the 
killing of any animal under the provisions of this 
.net; or to coll(>ct, or to attempt to collect, such 
bounty through the presentation of the skin or car- 
cass, or any part thei-eof, of any animal ):ot named 
in this act, or through deception of any character; 
or to present, for the purpose of securing the bounty 
provided for by this act, the skin or carcass, or any 
part thereof, of an animal that has b(!en reared or 
held in caj)tivity, or the skin or carcass, or any part 
thereof, of any animal killed or captured outside of ^ 

this Commcmwealth. Every person who shall wil- 
fully or fraudulently collect, or attempt to collect, 
any reward or bounty i)rovided for by this act, to 
which he or they are not legally (ntithnl under tin; 
])rovisions of this act ; or shall aid or abet or assist, 
in any capacity, official or otherwise, in any attempt 
to defraud the State through the collection or pay- 
ment of any reward or bouiity provided for by this 



106 



GAME, FISH, AND FORESTRY LAWS. 



Misdcinennor. 
I'oiialty. 



Act of April 
15, lOlf) (P. 
L. 126), 
citort for re- 
peal. 



Pondins 
prosooiitions. 



Acts iircviiius 
roimiiittod. 



When ef- 
fective. 



act, shall be guilty of a misdemeauor, and, upon con- 
viction thereof, shall, in addition to the penalty that 
may be imposed for perjury where a false affidavit is 
made, be sentenced to pay to the T'omraouwealth of 
Pennsylvania a fine of not less than one hundred 
dollars or more than five hundred dollars ; or, in de- 
fault of the payment thereof with costs, shall suffer 
an imprisonment, in the common jail of the county 
in which the affidavit is made, for a period of one day 
in jail for eacli dollar of fine imjujsed and unpaid. 

Section 8. An act, entitled "An act creating a re- 
ward or bounty for the destruction of certain noxious 
animals killed within the Commonwealth of Pennsyl- 
vania ; providing a method for the payment of the 
same ; and providing the method of furnishing evi- 
dence of said destruction, and penalties for the vio- 
lation of the several provisions hereof," approved the 
fifteenth day of April, one thousand nine hundred 
and fifteen (Pamphlet Laws, one Imndred and twen- 
ty-six), is hereby repealed. 

The repeal of the aforesaid act of Assembly shall 
not affect any prosecutions pending at the date this 
act becomes effective, nor prevent the institution of 
any prosecution for violation of any provisions of the 
aforesaid act committed prior to the date this act be- 
comes effective, but all such i)endiug prosecutions 
shall be terminated, and all such violations shall be 
prosecuted, in the same manner and under the same 
authority and with like effect as prior to the date 
this act becomes effective. 

Section 9. The provisions of this act shall be ef- 
fective on and after the first day of June, one thou- 
sand nine hundred and nineteen, and not prior to 
that date. 



Approved— The 23rd day of May, A. D. 1919. 

W^L C. SPROUL. 



X 



GAME, FISH, AND FORESTRY LAWS. 107 



AN ACT. 

Providing a method for the abatement of the penalty May 23, 
as fixed by law for killing by mistake a deer or an 1919 r. l. 
elk in this Commonwealth. 284. 

Section 1. Be it enacted, &c., That from and after ^ggj. ^^^j ^j^ 
the passage of this act, each individual who may by 
mistake kill either an elk or a deer in this Common- Killed by 
wealth, contrary to any law of this Commonwealth, mistake. 
shall have returned to him one-fourth of the penalty 
imposed by law for such offense and actually paid Abatemont 
by him to a legally authorized representative of the of penalty. 
Commonwealth, if such individual, to the best of 
his ability, dress and hang up the carcass of the ani- Preparation 
mal so killed, and shall, within twenty-four hours of carcass, 
after such killing, make report of the wrong done to Report to 
either a justice of the peace or a game protector or authorities, 
a representative of the Department of Forestry, in 
the neighborhood where the offense was committed, 
and shall give to such person definite information re- 
garding the place where such carcass may be found, 
and shall, within the same period of twenty-four 
hours after such killing, forward to the Board of 
Game Commissioners at Harrisburg a statement in 
writing, under oath, explaining when and where and 
how such mistake was made. 

Section 2. Said one-fourth of the penalty, imposed rj.^^^^ o^ re- 
by law and paid into the hands of the Board of Game fund. 
Commissioners at Harrisburg, shall be returned to 
the said individual as quickly as possible after the 
said board is satisfied that said killing was by mis- 
take and was not intentional. 

Approved— The 23rd day of May, A. D. 1919. 

WM. C. SPROUL. 



108 



GAME, PISH, AND FORESTRY LAWS. 



June 20 til. 
iyi9, P. L. 



Game-pre- 
serves. 



Acquisitioa ol 

laiKl lor. 



Adjacent 
land. 

Buildings. 

Lands from 
Avliicli miner- 
als .nre ex- 
cepted. 

Ai)|>roval of 
III' <Jame- 
Cominission- 
ere or Con- 
serration 
Commission. 



Title and 
control 

of land. 



AN ACT. 

Authorizing the Board of Game Commissioners or 
the Conservation Commission to acquire, through 
purchase or gift, lands for game-preserve purposes. 

Section 1. Be it onactod, &o.. That the Board of 
Game Commissioners or the Conservation Commis- 
sion of the Commonwealth be, and hereby is, author- 
ized to acquire, through purchase or gift, suitable 
land whereon State gam^-preserves may be locatpd 
and maintained perpetually in the manner provided 
for by an act, approved the sixteenth day or A)>rii. 
one thousand nine hundred and fifteen (Pamphlet 

and thirty-ii\(\). (uititled "An act 

establishmont. r(3g'ulation, and 

Board of Game Commissioners of 

reservations and 
for violation of 



Laws, one hundred 

providing for the 

maintenance by the 

State game-preserves on the forestry 

elsewhere, and providing penalties 



the 



'ht 



this act." The Board of Game Commissioners or 
Con.servation Conmiission is also authorized to pur- 
chase land adjacent to land on which game-preserves 
are located or to be located, and purchase or erect 
.such btiildings as may be deemed necessary properly 
to maintain and protect such game-preserves. Tlie 
land which may be purchased hereunder shall liaclude 
land from which underlying minerals are excepted or 
have been excepted or conveyed, and land subject to 

minerals. 

shall be purchased under tlie 
unless at the direction of a 
majority of the Board of Game Commissioners or the 
Conservation Commission. Tn any purchase the 
president of the Board of Game Commissioners or 
the Conservation Commission shall represent the 
board. 

The title to any such land shall be 
Board of Game Commissioners or the 
Commission in the name of the Com- 
monwealth, and, when so acquired, the entire control 
of such land shall be under the direction of the 
Board of Game Commissioners or the Conservation 
Commission. 



rignt to mine such 
Section 2. No land 
])rovisions of this act 



P>. 



Section 
taken by the 
Conservation 



GAME, FISH, AND FORESTRY LAWS. 



109 



Section 4. No land shall be purchased at a price Price. 
exceeding ten dollars per acre, excepting in cases 
where buildings or cultivated lands are included in Annmnt. 
the survey or are deemed necessary to the proper 
maintenance of the lands desired, in which case the 
Board of Game Commissioners or the Conservation 
Commission are authorized to use their discretion re- 
garding the price to be paid, nor shall the Board of 
Game Commissioners or the Conservation Commis- 
sion expend for the purchase of such lands an amount 
in excess of fifty thousand dollars per annum, ex- 
cepting for the first year after the passage of this 
act, during which time one hundred thousand dollars, 
if necessary, may be expcMidcd. The purchase price Payment, 
of any such land shall be paid from the Resident 
Hunters' License Fund. All payments for any sucli 
land shall be made by checks drawn by direct requi- 
sition on the Resident Hunters' License Fund, and 
all accounts relative to the purchase of any such 

the Auditor General in tJi«' 

accounts of the Board of 

now audited. 

when so acquired, shall be Use of land, 
used for the purpose of creating, protecting, and 
maintaining perpetually a game-preserve. Such lands Taxation, 
shall be exempt from the payment of all taxes, except 
such taxes as apply to and are imposed upon State 
forests. All taxes assessed against such land shall 
be paid by the Board of <Tame Commissioners or the 
Conservation Commission from the Resident Hunt- 
ers' License Fund. 



lands shall be audited by 
same manner as other 
Game Commissioners are 
Section 5. Any land. 



Approved— The 2(>th day of June, A. D. 1919. 

WM. C. SPROUL. 



110 



GAME, FISH, AND FORESTRY LAWS. 



AN ACT* 



;fulv 8th ^^^ ^^^ betterment of the skunk, or pole cat, and 

lyrj, p.L. muskrat; providing a method for the taking of 

787. ' such animals ; and providing penalties. 



Skunks and 
rats. 



Closed Eeasos 

Unpermissibl* 
nictliofls of tal 
or captuiiiig. 



Owners of la 



Misdemeanor. 



Penalty. 



Section 1. Be it enacted, &c., That it shall be un- 
lawful for any person to take, kill, or capture any 
skunk, commonly called pole-cat, or muskrat from 
the first day of March to the fifteenth day of No- 
vember. 

Section 2. It shall be unlawful for any person, 
during the open or close sta.son, to take or capture 
any skunk or muskrat from holes or dens by digging, 
smoking, or the use of chemicals, or by hunting at 
night time with dogs. 

Section 3. Skunk and muskrat may be taken or 
killed or captured at any time in any manner by the 
owner or occupier of lands or by their families or em- 
ployes. Such taking, killing, or capturing is author- 
ized only on the lands held or occupied by such own- 
er or occupier. 

Section 4. Any person violating any of the provi- 
sions of this act shall be guilty of a misdemeanor, 
and, upon conviction thereof before any magistrate, 
alderman, or justice of the peace, shall be sentenced 
10 pay a fine of not less than ten dollars or more 
than fifty dollars, or undergo an imprisonment in the 
county jail one day for each dollar fine and costs. 

Approved— The 8th day of July, A. D. 1919. 

WM. C. SPROUL. 

*This is not a game law and is printed here only 
for the information of sportsmen. 



GAME, FISH, AND FORESTRY LAWS. Ill 



AN ACT. 

Providing for the establishment of Auxiliary State July 2ist, 
Game Preserves. \^,l?,' ^- ^• 

Section 1. Be it enacted, &c., That hereafter, Auxiliary 
whenever the owner or owners or the person in con- state game 
trol of suitable lands of a total of not less than two P'<^-^' i"^'e- 
hundred and fifty acres, nor more than four thousand 
acres, shall desire to have said lands set apart as a 
city of refuge for game and wild birds, they shall 
petition the Board of Game Commissioners or the petition of 
Conservation Commission of this Commonwealth, de- land owners, 
daring their desires, and setting forth in said peti- 
tion the location of said lands, with a description 
thereof. 

Secton 2. The petition of those desiring to have contents. 
created an Auxiliary State Game Preserve in any 
part of this Commonwealth shall state clearly that 
the owner or owners or persons in control of such 
lands are willing to vest in the Commonwealth all 
right to hunt upon said lands, either without charge 
or renumeration or for such rental as may be agreed 
upon between them and the Board of Game Commis- 
sioners or the Conservation Commission for the use 
of such property ; that they, the contracting party 
or parties of the first part, agree that neither they, 
their families, their agents, their tenants, nor any 
other persons, shall hunt thereon, by and with their 
authority ; and that they will make every effort to 
protect said preserve from hunting, and from vio- 
lations of any nature. The petition shall set forth 
that all agreements therein shall continue in force for 
an uninterrupted period of not less than ten years, 
and such longer period as may be desired by the pe- 
titioners, and shall be indorsed by at least fifty quali- 
fied electors of t&e county wherein said lands may 
be located, and shall be presented to said board or 
commission for their consideration and approval. 

Section 3. If upon investigation, said Board or investigation 
Commission aforesaid is satisfied that such lands are Boai-d of 
suitable for the purpose mentioned, shall decide that <^?me Com- 
the establishment of said Auxiliary State Game Pre- oonson-Ytion 
serve is advisable, they shall thereupon enter into an Conunission. 



112 



GAME, FISH, AND FORESTRY LAWS. 



Agr-eemont 
■with land 
owners. 



Notices. 



nistancc frar 
other preser\ 



riult'.< and 
Tt'sulations. 



Piiblirati»<n 
in news- 
papers. 



rnblio State 
game pre- 
serves. 



figrcement in the form of a lea.se with those in con- 
trol of such property, and shall declare said lands, 
or any part thereof, an Auxiliary Game Preserve. 
They shall cause said^lands, so designated as an aux- 
iliary State Game Preserve, to be surrounded by a 
single wire, as a marker, if same is not already sur- 
rounded by a suitable enclosure. They shall cause 
to be posted notices, not more than one hundred and 
fifty yards apart, along the border of such Auxiliary 
State Game Pre8erv(\ Such notices shall bear at the 
head the words "Auxiliary State Game Preserve," 
followed by a plain statement that it is unlawful to 
trespass upon said lands at any time, or to hunt 
thereon, except for vermin under and by written per- 
mission of the Board of Game Commissioners or 
Conservation Commission. No Auxiliary State Game 
Preserve shall be established within a radius of five 
miles from a State game preserve or another auxil- 
iary State game preserve. 

Section 4. The Board of Game Commissioners or 
the Conservation Commission is hereby empowered 
and authorized to formulate and have posted rules 
and regulations regarding the protection and preser- 
A'ation of game-birds and game-animals and song and 
insectivorous birds on such Auxiliary State (^ame 
Preserve, as to them may appear best suited to se- 
cure the desired results, and such rules and regula- 
tions, so formulated and published by posters by said 
board or said commission as herein provided for. 
.shall be the law of this Commonwealth controlling 
such Auxiliary State Game Preserves. 

Section 5. The Board or Commission shall cause 
notice of their action declaring lands to be an Auxil- 
iary State Game Preserve to be advertised for at 
least one time each week, for threo consecutive weeks, 
in at least two newspapers of general circulation in 
the county wherein said Auxiliary State Game Pre- 
serve may be located, and shall also have a suitable 
notice published for at least two consecutive montlis 
in not less than two sportsmen's journals, if theri^ be 
so many jmblished monthly in tlie State 

Secti<»n (5. The said Auxiliary State (Janr- Pi-e- 
serve sliall thercujion be deemed to be a i)ublic State 
game presei-ve. All violations (»f all rules and i-egn- 
lations adopted by the Board of Gamf (^ommissionei-s 
or the Conservation Commission to control Auxiliary 
State (iame I'reserves, shall be punishable iind<-r tlie 



GAME, FISH, AND FORESTRY LAWS. 



113 



same laws, rules, aud regulations, and the same pen- 
alties be imposed for similar offenses, as now apply 
or shall hereafter apply to State Game Preserves. 

Section 7. The act, approved the twenty-ninth day 
of May, one thousand nine hundred and seventeen 
(Pamphlet Laws, three hundred and twenty-six), en- 
titled "An act providing for the establishment of aux- 
iliary State game preserves," and all other acts or 
parts of acts inconsistent w/th the provisions of this 
act, are hereby repealed : Provided, however, That 
the repeal of any act of Assembly relating to game 
preserves shall not affect any prosecution pending at 
the date of the passage of this act, nor prevent the 
institution of any prosecutions for violations of any 
act committed prior to the passage of this act, but 
all sucn violations shall be prosecuted in the same 
manner and under the same authority and with like 
effect as prior to the passage of this act : Provided 
also. That any Auxiliary State Game Preserve cre- 
ated under the provisions of said act of May twenty- 
ninth, one thousand nine hundred and seventeen, 
shall continue under the provisions of this act in like 
manner and with the same effect as though created 
under the provisions of this act. 

Approved— The 21st day of July, A. D. 1919. 

WM. C. SPROUL. 



Act of Mav 
2{>tb. 1917 
(P. L. :!1'6), 
cite<l for 
rep<^iil. 

Repeal. 



Proviso. 

Pending 
prosecutions. 

Acts pre- 
viously OOIll- 
mitteti. 

Proviso. 



8 



114 GAME, FISH, AND FORESTRY LAWS. 



BOARD OF GAME COMMISSIONERS. 

Dr. Oharles B. Penrose, President, Philadelphia; John M. 
Phillips. Pittsburgh; W. B. McCaleb, Harrisburg ; Geo. D. Gideon, 
Philadelphia; Dr. H. J. Donaldson, Williamsport ; J. S. Speer, St. 
Marys ; Seth E. Gordon, Harrisburg, Acting Secretary. 

NOTICE. 

Commonwealth of Pennsylvania, 
Office of the Board of Game Commissions, 

Harrisburg, Pa., August 15th, 1919. 

Tho Game Commisison of Pennsylvania vvdshes it to be fully 
and distinctly understood that they are trying to interpret and 
enforce the game law of this State according to their idea of 
its sipirit and purpose, ratlier than its exact wording. For in- 
stance, the law says that no person shall have a game bird in 
possession except during a certain season, nor shall anyone have 
in poss(>ssion at any time a bird of a kind known as "a wild- 
bird other than a game bird," excepting under the provisions 
of law. If upon investigation it develops that a bird of either of 
these kinds was taken into possession through a spirit of kindness 
and with the intent to benefit, or save the life of a suffering bird, 
wo will construe this action to be in accord with what we under- 
stand to be in the purpose of the law ; namely, a step toward the 
preservation and protection of our birds, and one that should be 
commended rather than condemned. 

Again, while the letter of the law permits the Game Com- 
mission or its duly authorized officers t© do certain things that 
it forbids the ordinary citizen to do, we construe this to be a 
provision intended to benefit the Commonwealth and not intended 
to benefit the officer, and will in no instance permit such officer 
to exercise a privilege of this kind for personal profit. We 
will not permit one of our officers to lead an innocent person 
into temptation for the purpose of collecting a penalty — either 
for his own use or for the use of this office. For instance, the 
law gives Game Protectors, for the purpose of securing evidence, 
the right to buy or sell certain game, that may not be bought or 
sold for any purpose by any other individual in the State, under 
a penalty of twenty-five dollars. A country boy may kill a pheas- 
ant, and a dollar to him may exceed several times over the value 
of the bird. We will not permit any of our officers to lead such a 
person into a voilation of the law for the purpose of collecting a 



GAME, FISH, AND FORESTRY LAWS. 115 

penalty. Neither will we, for the purpose of making a case, per- 
mit an oflBicer to sell game to an unwary and entirely inuocont 
individual, who may be hunting. But where we are led to believe 
persons are wilfully and deliberately violating the law, either 
through the purchase or sale of game of a kind the purchase or 
sale of which is forbidden, we feel that it devolves upon us to 
break up such practice, and will do our best to secure the neces- 
sary evidence to attain that end. 

The game law of this Commonwealth provides that game killed 
in this Commonwealth may be had in possession at certain times 
only, and imposes a penalty for having such game in possession 
at any other time. We do not understand the intent of tins law 
to arbitrarily mean that men may have game in possession only 
at a certain time, but, instead, was intended to safeguard the 
lives of game birds or animals, by making the possession of game 
out of season an evidence that the game in question was killed 
illegally. Therefore, where it is evident that a deer or any 
other animal, or bird, was not killed by the man having it in 
possession, or through his instrumentality, — as for instance a deer 
killed by a railroad train, we can see no good reason why some 
human being may not be benefited through using the fle.sli of such 
animal, rather than to have it rot upon the ground or become the 
food or dogs or crows. 

Again, an act passed by the Legislature of 1909 says the un- 
naturalized foreign-born resident may not hunt, or shoot, in tliis 
Commonwealth and to that end shall not be possessed of oitlier 
shotgun or rifle. This last provision to our minds moans a 
shotp-un or rifle that can be used to shoot with, not some old 
and useless gun, or a part thereof, and we will not permit any 
officer under our appointment to use this act for either a purpose 
of persecution or to secure dollars to his own profit. 

These illustrations cover the principle we have ad(^pted as 
our guide. We are striving to preserve the game and wild bir<ls 
of the State for the benefit of all the people of the State. Wild 
birds, because of the value of their life work; game birds for the 
same reason, and in addition, the value to a man of an outing in 
pursuit of such game and its value as a food supply. In con- 
formity with these ideas the Game Commission proposes to prose- 
cute and punish all violators of the game laws that may come 
to their notice. It will thankfully receive", and hereby earnestly 
invites, any information relative to violation of the game laws of 
the State. We ask that letters upon this subject be made as 
comprehensive as may be, giving, as far as possible, the name of 
the offender, the location, the nature of the offense, and the date 
upon which it was committed, with the names of witnesses and 
the postoffice address of the same, so that we may be able to 
investigate quickly, intelligently and with as little expense as 
possible. 



116 GAME, FISH, AND FORESTRY LAWS. 

Thif< Inquest includes misconduct upon the part of our officers 
:is well us violations of the game laws. The name of any person 
giving us information in this way will be held strictly confidential. 

We have many officers whom we have never met, and of whom. 
]i(is<»iially, we know nothing. They have come to us recommended 
hy tlie friends of game protection in the several communities in 
whicli thev may reside ; we cannot hope to know of unfair or 
unjust treatment upon the part of these men, unless those who 
do know of it notify us, and we ask you to help us in this matter 
as w(]l as any other feature of the work. We want the enforce- 
nit'iit of rlie Game Law to be clean and just in all ways. 

Respectfully yours, 

SETH E. GORDON, 
Acting Secretary, Game Commission. 



GAME, FI»H, AND FORESTRY LAWS. 11' 



SUMMARY OF THE IMPORTANT PROVISIONS OF TIIi: 
GAME LAWS OF PENNSYLVANIA. 



All letters on the subject of game, song, or insectivorous birds, 
should be addressed to the Secretary of the Game Commission, 
at Harrisbnrg. 

A Game Protector is authorized to enter upon any land within 
the State, in the line of his duty, for the purpose of enforcins 
the law, but he has no right, as an individual, to hunt, or in any 
manner trespass, upon posted lands, contrary to the wish of the 
owner thereof. 

A Game Protector is authorized to act anywhere in the State. 

All Game Protectors, and Special Deputy Game Protectors of 
the Commonwealth of Pennsylvania, appointed by the Boanl of 
Game Commissioners, Foresters, Forest Rangers, Fish Wardens, 
and Deputy Fish Wardens, also all members of the State Police 
authorized by act of May 2. 1905, are vested with like powers, and 
have the right to arrest without warrant, or to search tlie person 
or property of any one they may catch in the act of violating any 
game law, or the forestry laws, or the fish laws of the Common- 
wealth, or whom they may catch in pursuit immediaiclii folhyirina 
the act, or whom they have reasonable cause to suspect of Iiaving. 
vithm a limited time, violated any of tlie game laws of the Stat*-. 
But they are not authorized to arrest or search without warrant, 
after the offender has once reached his place of resideiUM*, unless 
they were actual witnesses to the violation and as rajridJij as pos- 
sihle followed the offender to that place. 

The act of May 29th, 1917, makes it the duty of thes.- seviM-al 
officers to sec to it that the laws of this State pertaining to For- 
estry, Fish and Game are enforced. Final penalty for m-gi -etijig 
or refusing to do as the law driects is removal from office. 

Constables of the several wards, boroughs, and townships of 
this Commonwealth are ex-officio game wardens, and hav^^ the samo 
power throughout the county, wherein they are elect(Ml. as liave 
the Protectors appointed by the Game Commission. 



118 GAME, PISH, AND FORESTRY LAWS. 

Constables are liable to fine and imprisonment where they neg- 
lect or refuse to enforce the game laws, after their attention has 
been called to the matter, in a prescribed form. 

Section 5, Act of March 22, 1889, page 12. 

Any person or persons interfering with a Game Protector, or a 
Forester, or a Forest Ranger, or a Fish Warden of this Common- 
wealth in the discharge of his duty, or resisting arrest, is liable to 
a penalty of one hundred dollars. 

Section 4, Act of May 21, 1901, page 16. 

A constable where he is the prosecutor is entitled to one-half 
of the penalty recovered, and to ten dollars extra from the county, 
for each conviction secured for violation of the game, or forestry 
laws, except the Resident Hunter's License Law and the alien 
gun and dog laws, under which acts there is no division of penal- 
ties. Game Protectors and Special Deputy Game Protectors are 
not so entitled. 

Any citizen of the Commonwealth has the right to prosecute 

for violatoin of the game laws and is entitled to one-half of all 
Dcnaltios recovered, except in the case of the Resident Hunter's 
License Act, and the alien gun and dog laws, where all the penalty 
goes to the Commonwealth. 

Attention is called to the fact that the one who prosecutes for 
\iolation of the game law is entitled to part of the penalty recov- 
ered, not the one who is simply the informer. 

^^'here a person is caught in the act or is arrested for voilating 
an^- law of this Commonwealth giving protection to game, song, 
or insectivorous birds, he is to be tried summarily. 

Section 34 of the Act of June 7th, 1917, page 85. 

No unnaturalized, foreign-born resident can legally own or have 
in possession a rifle or shotgun, or firearm of any kind, or can 
hunt or shoot, within the Commonwealth. 

Act of May 8th, 1909, page 22. 

TIjc constitutionality of this act has been sustained by both 
the Superior and Supreme Courts of the Commonwealth and by 
the Supreme Court of the United States, see citation, page 200. 

In all cases of conviction for violating any provision of the 
Act of June 7th, 1917, wherein the defendant suffers imprisonment 
instead of paying a cash penalty, all guns and shooting parapher- 
nalia used in violation of law are declared forfeited to the State. 

Section 2. Act of June 7th, 1917, page 59. 



GAME, FISH, AND FORESTRY LAWS. 119 

A second conviction for violation of the game law compels im- 
prisonment of the offender regardless of the cash penalty. 
Section 2. Act of June 7th, 1917, page 59. 

There shall be no hunting or shooting or chasing of game upon 
the first day of the week, commonly called Sunday. Penalty, 
Section 13 of the act of June 7th, 1917, page 69. 

When an arrest is made for violation of that provision of the 
game law prohibiting hunting on Sunday, the evidence and the 
record must show that game or wild birds were hunted for or 
killed : the kind of game or birds hunted, or killed, had best be 
named. It will not do to simply charge the defendant with hunt- 
ing or shooting on Sunday. The game laws of this State were 
passed for the protection of game and wild birds and not to 
preserve the sanctity of the Sabbath, and the courts have hold 
that before a defendant can be convicted of violating this provision, 
it must be proved that game or a bird of some kind protected by 
this act was hunted or killed in Sunday. 

It is therefore not a violation of the game law of this State 
to shoot on Sunday at targets, or at a mark^ or at a crow, or a 
hawk, or a fox, or at any other thing, not protected by the game 
laws of this State. 

All magistrates, justices of the . peace, and aldermen should 
follow the form prescribed in the act violated, and their record 
should show that this has been done. This will avoid trouble on 
certiorari. 

In receiving or drawing a complaint, for the violation of any 
of the provisions of the game laws or fish laws of this State it 
would be well to follow strictly the wording of the section violated, 
and the record should show that this has been done. 

The Record should show : 

That an offepse was committed. The said offense was committed 
within the jurisdiction of the court hearing the case. 

That the prosecution was brought within the statutory time. 

That the complaint was sworn to. 

That a warrant was issued and the arrest made on said warrant 
which was duly returned. 

Or,— 

That the arrest was made on sight without warrant. 

The complaint made after the arrest of a person caus^ht in the 
act of violating the law should state plainly the facts connected 
with the arrest, and the provisions of law violated. 



120 GAME, FISH, AND FOKKSTllY LAWS. 

Tli.it tlio defendant was present at the hearing. 

Thai the evidence as offered on both sides was heard under 
oj\th. 
The iccord must show at least the substance of such evidence. 

Tli«t the defendant was because of such evidence either convicted 
or acquitted. 

If convicted, that he was sentenced to pay the penalty imposed 
by law before such person was committed to jail or was permitted 
to upi»(>nl. 

That upon refusal to pay said penalty and costs he was com- 
initt<'d to the jail for a period of one dny for each dollar of penalty 
and c<>s1s imposed. 

Tiic killing of game except through the use of a gun is illegul. 
exc('i)ting that rabbits when known to be destroying property mny 
be klilc<l in any manner and rabbits undtn- certain conditions may 
be taken in box traps. 

Se<'tion 16. Act of June 7th, 1917, page 73. 

Tlic use of what is commonly known as the automatic gun for 
killing game in Pennsylvania is prohibited. This applies to all 
kinds of automatic guns, rifles as well as shotguns. 

l*ut <loes not apply to pump guns or lever guns, or to any gun 
(«\c(^l)t tliose that through the recoil i)roduced by the discluii-ge 
of a loaded shell, ejects the empty shell, throws a loaded shell into 
the b.'irr<>l and cocks the gun. 

Act of May 31st, 1907, page 21. 

This act was pronounced unconstitutional by the Court of Dcla- 
wai-e County. The case was carried to the Superior Court on 
appeal. On May 10, 1909, the Superior Court handed down its 
decision reversing the ruling below and confirming the constitu- 
tionality of this act. See citation among legal opinions, page 247. 

I)n<l(M- the provisions of the laws of this Stale it is unlawful for 
any person at any time, or for any reason, to hold in captivity, 
or to kill or to attempt to kill or wound, certain birds known as 
song and insectivorous birds and given protection under the name 
of "Wild birds other than game birds." 

Tt is unlawful to remove, or to attempt to remove, such l)ird 
either living or dead, or part of such bird, from this State without 
iiist receiving written permission to so do from the President of 
the I5oard of Game Commissioners. 

It is unlawful to sell, or to attempt to sell, or to have in pos- 
session for sale, the skin or plumage, or any part thereof, of any 
wild bin!, whether same is protected by our laws or not, that is 



GAME, FISU, AND FORESTRY LAWS. 121 

either of a kind found in a wild state in Pennsylvania oi- tluit 
may belong to any family of birds found in a wild state in tliis 
Commonwealth. 

Section 12. Act of June 7th, 1917, page 68. 

A few birds whose lifework is considered more harmful than 
beneficial may be killed at any time, such birds being speeifieally 
named in Section 12, Act of June 7th, 1917, page 69. 

It is unlawful to buy or to sell or to attempt to buy or sell, an 
elk or deer or rabbit or squirrel or ring-neck pheasant or Hun- 
garian (juail, or part thei-fof, that has been killed in a wild stale 
in I'ennsylvania. 

It is therefore lawful to buy or sell either of these animals or 
birds that were kilh^d (jutside of this State. 

It is unlawful to buy or sell, or to attempt to buy or sell, or 
to have in possession for sale, a wild turk(!y, or a ruffed grous<', 
or a quail, commonly known as Bob White, or a woodco<'k. killed 
either within or outside of this State ; and, — 

It is unlawful to sell in this State wild wjiter-fowl of any kind 
that has been eithei* killed or brought into this State during that 
lieriod beginning with .January first and ending September first of 
each year, and the Federal law prohibits the sale of all migratory 
game. 

Section 27. Act of June 7th, 1917, page 79. 

Nothing in this s«^<'tion attempts to interfere with the one who 
may bring wild water fowl into this State at any time, for his 
own use, or for any ]»uri»os<'. excepting that of sale. 

Nothing in this section can he construed to alter or change the 
open season for wild water fowl. 

It is unlawful for any person to release game of any kind, either 
animals or birds, for propagating purposes in this State, without 
first having same ins])ected and passed by the Livestock Sanitary 
Hoard of Pennsylvania. 

Sections 10 and 27, Act of June 7tb, 1917, pages 67 and 80. 

It is unlawful to kill game of any kind, eitlu-i- animals or birds, 
except raccoons, duiing that ])eriod between sunset of one da.y and 
sunrise of the day following; or to shof»t game either by d.'iy or 
at night from an automobile. 

Section Iti. Act of June 7th, 1917, page 7.3. 



122 GAME, FISH, AND FOllESTUY LAWS. 

It is illo^al at any time to sot, lay or prepare or use any 
kind of traj). snare, net, bird-lime, i)it-fall. doer lick, turkey 
blin<l. turkey call, turkey pen, or any other kind of a contrivance 
whatever, with intent to capture or kill any of the wild birds or 
animals protecte<l by the laws of this State. 

Or to use the device known as a silencer in hunting game. 

Except that decoys may be used in hunting geese, ducks and 
brant, that raccoons may be taken in any manner, and that box 
trans may be used by persons under 14 years in taking rabbits on 
lands whereon they reside. 

And that rabbits may be taken in any manner when found to be 
destroying property. 

Not to exceed 20 decoys may be legally used in hunting wild 
water fowl by one person at one time, or by any number of persons 
joined together. 

Section 17. Act of June 7th, 1917, page 74. 

'i lie open season for deer in Pennsylvania is from the first day 
to the fifteenth day of December, of each year, both days inclusive. 

Eut one deer can be legally taken or killed in this Common- 
wealth by one person during one season, which must in every 
instance be a male deer with horns extending at least two inches 
above the hair. 

Section 15. Act of June 7th, 1917, page 71. 

It is illegal to shoot at or kill or wound a feinale deer or a fawn 
at a?iy time. 

Section 15. Act of June 7th, 1917, page 71. 

Excoj)ting that deer of any kind regardless of age or sex may be 
killed by those owning or in control of property when such animals 
are caught in the act of materially destroj-ing growing crops or 
fruit trees. 

Section 22 of the Act of June 7th, 1917, page 77. 

And doer killed for this purpose may not be used for food by 
the person killing such animals, or by any other private individual, 
the Legislature clearly indicating its thought in this regard by 
argument and its recorded vote on the Rudisil bill, in the 1917 
session of the Legislature, this bill providing specifically that deer 
killed as a protection to growing crops or trees might be used for 
food by the person killing same. This bill was defeated, recalled, 
and dofeated a second time. Because of these conditions we ask 
that the carcass of any deer killed as a protection to property be 
sent to some hospital or sanatorium or other public institution. 



GAME, FISH, AND FORESTRY LAWS. 123 

Raccoons and rabbits may be destroyed in any mauner wlien 
caught in the act of destroying property. 

Section 16. Act of June 7th, 1917, page 74. 

Rabbits may be taken by persons under 14 years of a^c thronsli 
the use of box traps set on lands whereon such persons may reside. 
Section 16. Act of June 7th, 1917, page 73. 

Steel traps not to exceed a Standard No. 3 may b<> used for 
catching wildcats, foxes, etc. 

Section 16. Act of June 7th, 1917, page 74. 

Quail and ring-necked pheasants may be trapped from the first 
day of December to the first day of April for the purpose of keep- 
ing them alive during the winter or for the purpose of separating 
a covey, and all birds so trapped must be released as soon as the 
weather is suitable in the spring. 

Section 30. Act of June 7th, 1917, page 82. 

Upland or grass plover can be legally killed from August 1st to 
November 30th, under State Law. 

Under National law upland plover may not be legally killed any- 
where in the United States until after 1926. 

Under the provisions of our State law ducks and geese commonly 
called wild water fowl may be legally killed from September 16th to 
the 31st day of January next following. 

Section 14. Act of June 7th, 1917, page 70. 

Under the provisions of National law wild water fowl may bo 
killed in Pennsylvania only from the IGth of September to the .31st 
of December, both days inclusive. 

Under the provisions of our State law reed birds may be killed 
from the first day of September to the 30th day of November. 
Section 14, Act of June 7th, 1917, page 71. 

Under an order of the Department of Agriculture, Washington. 
reed birds may be killed during September and October. 

Blackbirds may be taken as game from the first day of Aag«st 
to the 30th day of November. 

Section 14. Act of June 7th, 1917, page 70. 

Under the provisions of the same section blackbirds may be 
killed at any time by certain individuals when destroying property, 
and by authority of the Game Commission at any time or place 
where these birds have become a nuisance. 



V24 GAME, FISH, AND FORESTRY LAWS. 

It is illegal to make use of what is known as buck-shot, in 
limiting <lf'er, or to kill, or wound, or to attempt to kill or wound 
jiny deer by or through the use of a gun of any kind propelling 
or emitting more than one pellet, bullet, or ball, at a deer, through 
a siiitrlo discharge. 

Section 24. Act of June 7th, 1917, page 77. 

It is illegal to kill or capture any deer in the waters of the 
State. 

Section 23. Act of June 7th, 1917, page 77. 

It is illegal to "make use of a dog or dogs in hunting deer" in 
til is: Statt'. 

Section 23. Act of June 7th, 1917, page 77. 

Any dog following u])on the track of deer or fawn within this 
OoirmioTiwealth is declared to be a public nuisance, and may be 
killed by any person when so seen. 

Or by any officer of the State whose duty it is to protect the game 
of the State, within two years, from the date of the commission of 
the offense. 

And the owner or person harboring such dog shall be liable to 
a i)en:'.lty of $25 for each deer or fawn pursued, and $50 for 
each «leer or fawn killed by such dog, running at large without 
the aid of its master. The owner of a dog that may chase elk 
is liable to a penalty of $50 for each elk pursued and $100 for 
cacli flk killed by such dog; and double these amounts when dogs 
are allowed to run deer or elk after notice, the penalty to be col- 
lected as are other penalties under the provisions of this act. 

Section 25. Act of June 7th, 1917, page 78. 

I*>y section 19 of the act of June 7th, 1917, page 75, elk in this 
State are given absolute protection until December Ist, 1921, after 
which time a male elk having not less than 4 points to an antler 
may be killed by still hunting. 

Dogs of any description may be killed by the owner or lessee 
of lands on which they are found, or by any officer of the State 
whose duty it is to protect the game of the State, when pursuing 
small game of any kind out of season, anywhere within the Com- 
monwealth, unless the dog wears a collar bearing the name and 
address of the owner, in which case notice must be given before 
the dog is killed. 

In case the dog so running small game wears a collar bearing 
the name of the owner, notice in writing must be given before the 
doi' can be legally killed. 

Section 26. Act of June 7th, 1917, page 79. 



GAME, FISH, AND FORESTRY LAWS. 125 

Special attention is called to the fact that under the provisions 
of the above section the owner or person harboring a dog wlio 
permits such dog to chase small game contrary to law is liable to 
a penalty of .$10 for each day his dog chases game aftoi- notice as 
therein provided for, and in addition to a penalty of .$5 for eacli 
game bird or rabbit killed. 

Dogs, when accompanied by and under control of thrii- masters. 
may be trained upon any of the living wild game or birds in this 
State, excepting elk and deer and fawn or wild-turkeys, from the 
first day of September to the first day of March next followinu. 
Sunday excepted, so long as no injury is inflicted upon said animals 
or birds. 

Seized guns and hunting paraphernalia will be sold uiUess fine 
and costs are paid, and the fact that imprisonment is sutfennl will 
not effect the release of these articles. 

Section 2. Act of June 7th, 1917, page 59. 

Costs cannot be imposed upon oflicers. whose duty it is to enforce 
the game laws. Said costs must be paid either by the defendant 
or by the county. 

Act of April 16, 1903, page 18. See citation page 256. 

'L'he possession of game or wild birds, except under the pn (visions 
of law, is prima facie evidence that same was taken illegally. 
Sections 20 and 29. Act of June 7th, 1917, pages 76 and 81. 

It is illegal to ship or remove, to attempt to ship or remove 
from this State, or to knowingly permit the shipment oi- removal 
out of this State of any game bird or game quadruped, except 
when it is to be returned to the State, except by those who liave 
paid a non-resident license. 

Penalty not less than $10, or more than $200 and six months 
imprisonment. 

Section 33. Act of June 7th, 1917, page 84. 

Non-residents who have paid the license can carry certain game 
out of the State under certain restrictions. 
Section 33. Act of June 7th, 1917, page 85. 

It is illegal to ship game of any kind at any time by pareel-post. 
or to ship or in any manner transport, game classed as small game 
from one point to another point in the State, except when same 
is accompanied by the owner thereof. 

Game classed as large game may be shipped by express or by 
freight under certain conditions. 



Section 32. Act of June 7th, 1917, page 8.; 



126 GAME, FISH, AND FORESTRY LAWS. 

Common carriers and the operators of automobiles are forbidden 
undor penalty to carry game of any kind out of the State, except- 
ing in cases where such game is owned by a non-resident hunter, 
who has legally killed same in this State, and in the case where 
same legally killed in this State must of necessity go out of the 
State to roach another part of the State. 

Section 33. Act of June 7th, 1917, page 84. 

The provisions of our game law regarding the shipment of game 
within the State do not apply to those parts of either animals or 
birds intended to be preserved as trophies. These may be shipped 
an any time and in any manner when properly marked showing the 
contents for mounting purposes, to taxidermists anywhere within 
the State, but they cannot be shipped or carried out of the State. 

Section 32. Act of June 7th, 1917, page 83. 

It is unlawful to kill or capture a bear between the 15th day 
of December and the 15th day of October, and but one bear can 
be killed by one person each season. 

Or to have in possession any bear or cub caught or taken during 

that time. 

Our law provides that it is unlawful to take or kill a bear 
til rough the use of a trap or a pen. 

But because of the disposition of bear to wander far and to 
destroy property, and because of the inherent fear in^ many that 
1)ear may injure them, we would not question the right of any 
person to kill a bear that may be caught in the act of destroying 
property, or in a pursuit started immediately after that certain 
bear has committed depredations on the property of the pursuing 
party. 

Under such conditions we maintain that the protection provided 
for bear as game does not apply and ruled that as a protection to 
oitlicr person or property an individual may exercise the right to 
kill a bear in any way that may be necessary to insure desired 
results; whether that be through the use of a trap, or a pen, or in 
any other way. 

Tt is illegal to use ferrets in hunting rabbits. 
I'enaltv, $25. 

Ferrets used in violation of law to be killed. 
Section 18. Act of June 7th, 1917, page 75. 



GAME, FISH, AND FORESTRY LAWS. 127 

Ferrets can not be had in possession except under license secured 
from the Game Commission. 

Section 5. Act of June 7th, 1917, page 61. 

It is illegal to sell ferrets as the agent of some person or firm 
located outside of this State. 

Section 5. Act of June 7th, 1917, page 62. 

It is illegal to hunt or pursue or follow after with intent to 
kill or injure web-footed wild fowl (ducks, geese or brant), from 
or with any craft propelled by any means other than oars, pole, 
or hand paddles. 

Penalty $50 per day for each day such illegal craft may be used, 
and forfeiture of all boats, guns, and shooting paraphernalia used 
in violating the law. 

Section 17. Act of June 7th, 1917, page 74. 

Under this provision it is a violation of the law to carry or 
convey a duck boat through the use of a motor boat into proximity 
of water fowl, and to then finish the pursuit and do the shooting 
from a boat propelled by paddle. 

It is illegal to hunt or kill for wages or hire, directly or indi- 
rectly, any deer, or fawn, ruffed grouse, commonly called pheasant, 
quail, commonly called Virginia partridge, wild-turkey or wood- 
cock, or game of any description. 

Penalty $25. 

Section 31. Act of June 7th, 1917, page 82. 

Beaver are protected at all times. 

Penalty $100. 

Act of March 17, 1903, page 17. 

Skunks and muskrats are protected from the first day of March 
to the fifteenth day of November, except when destroying property. 
Act of July 8th, 1919, page 110. 

Wood(>hucks or ground hogs, red or pine squirrels, possums, 
foxes, wildcats, minks, weasels and porcupines can be killed at any 
time. 

It is not a violation of the Resident Hunters' License Act to 
hunt for or shoot at any unprotected animal or at any unpro- 
tected bird, or at targets, or at any other thing not protected by 
the Game laws of this State, witlwut being first possessed of such 
license. " 

This law requires only those who hunt for game animals, or 
game birds, to secure this Resident Hunters' License, and it per- 



128 GAI^IE, FISH, AND FORESTRY LAWS. 

iiiits the owner or lessee of lands within the Commonwealth Mho 
reiiUicH upon and cultivates such lands to hunt thereon without 
s«>cni-inj>- the license. It also permits sudi owner or lessee to hunt 
on lands immediately connected with his lands, if he has permission 
to jj;o thereon from the one in control thereof. 

Nothing in this Act attempts to give the right to anyone to luint 
on lands contrary to the wishes of the one who controls such lands 
and does not in any manner conflict with the trespass laws of the 
Stat<'. 

IMh; Resident Hunters' License can be secured from any County 
Ti-easurer, or from Justices of the Peace, who have arranged 
with lii<> County Treasurer to issue these licenses for him. 

The cost is one dollar to the Treasurer and one dollar and fifteen 
cn-nts to the Justice, and the license is good only during the year 
the dal(> of which it bears. 

Under the law a tag must accompany each license; the tag must 
be worn on the back of the arm, when hunting. The license and 
tag nuist be numbered. See to it that the number on the license 
and tag issued to you are the same. 

The license must be carried when hunting and must be exposed 
to view upon demand of those in authority. 

Persons under the age of 14 years cannot secure a license and 
persons between the ages of 14 and 16 years can secure such license 
only ui»(m the presentation of a written request for same, by the 
pannit or guardian of the applicant. 

Citizens of this State only are permitted to hunt under the pro- 
^ isions of this license, and County Treasurers must see to it that 
unnatuialiKcd residents of the State are not hid to think they may 
hunt, b(H'ause a license has been issued to them. In fact the 
County Treasurers must require foreign-born residents to present 
their naturalization papers before issuing a license to persons of 
foreign birth. 

\\\ license fees and all penalties collected for violation of any 
pi'oxision of this act go direct from the person collecting the 
same to the State Treasury, to be there held as a fund separate 
and apart for the purpose of game protection and increase, and 
can be taken from such Treasury. only by Act of Assembly. Every 
cent so taken must be accounted for by voucher to the Auditor 
General. 



■ i GAME, FISH, AND FORESTRY LAWS. 129 

One-half of all moneys collected through or because of this Act 
when needed must be applied to the payment of bounties, the re- 
mainder goes through Acts of the Legislature, to the Game Com- 
mission, to ho uspd by them in manner as directed by the Legis- 
lature. 

Not one cont of the money collected under the provisions of this 
Act can bo used oxcopt by Legislative onaotmoiit. 

All non-residents, such persons boiug citizens of the United 
States, must secure a Non-resident Hunters' License before hunt- 
ing or trapping in Pennsylvania and must wear the non-resident 
tag just as resident hunters arc required to wear the Resident 
Hunters' tag. 

Fee $10. Penalty $25, and forfeiture of all gunning parapher- 
nalia found in possession of arrested parties. 
Act of May 3rd, 1917, page 52. 

The above Act requiring non-residents to secure a licens(! before 
hunting or trapping for any bird or animal, either game or other- 
wise, in this Commonwealth, was passed to protect game and the 
interests of our citizens in general, and especially the farmers of 
our border counties. It is just as necessary for a non-resident to 
secure such license before beginning to hunt or trap for wood- 
chucks, foxes, weasels, etc., as it is to hunt for game. 

Non-resident hunters having a license are permitted to carry 
out of the State with them game, excepting elk, in quantity not 
exceeding in one season the quantity that such person may legally 
kill in one day. 

Section 3.^. Act of .July 7th, 1917, page 85. 

Game of all kinds killed in a wild state in tliis State may be 
hold in possession during the open season for sucli game and for 
30 davs thereafter. 

Section 28. Act of June 7th, 1917, page 81. 

Remember, therefore, that when a deer or a number of deer are 
brouglit out of tbo woods on the last day of the season that they 
must be eonsumed before the 15th day of .January next following. 
This is the law. If hunters are not disposed to abide by its pro- 
visions thoy need not kill the deer. If game of any kind is taken 
at all. it is taken under the provisions of the law and of all the 
law. If it is taken and held in possession after the lapse of thirty 
days after the close of the season the holder thereof must be pre- 
pared to abide by the consequences. 

9 



130 GAME, FISH, AND FORESTRY LAWS. 

r 

Camps and hunting parties are limited to six male deer and 
tliree bear for one season. No difference how many men may camp 
or hunt together no more than this number may be taken by such 
body of men. If six men or less hunt together they are entitled 
to take one deer each. 

Section 21. Act of June 7th, 1917, page 76. 

Each person in whose possession or under whose control a deer 
illegally killed or any part thereof may be found is liable to the 
full penalty imposed by law for the illegal killing of deer. 

Section 20. Act of June 7th, 1917, page 76. 

Each person who knowingly uses game that has been illegally 
killed, or who knowingly aids or assists in the concealment of 
game illegally killed, or who knowingly has game illegally killed 
in i)ossession with intent to use or conceal the same is liable to the 
full penalty imposed bv law for the unlawful killing of such game. 

Section 15. Act of June 7th, 1917, page 72. 

Game Protectors are authorized to administer oaths in all mat- 
ters pertaining to violations of the game law. 
Section 20. Act of June 7th, 1917, page 76. 

Where persons refuse to be sworn or to answer questions the 
game in question is forfeited to the State. 

Section 20. Act of June 7th, 1917, page 76. 

It is unlawful either by standing on watch or otherwise to kill, 
or to attempt to kill, a second deer in any one season. 
Section 15. Act of June 7th, 1917, page 71. 

Tlie person who owns or harbors a dog that pursues a deer for 
the distance of one-half mile is liable to the penalty imposed by 
law for using dogs to hunt deer. 

Section 23. Act of June 7th, 1917, page 77. 

Special attention is called to the Act requiring the owner of 
\ dogs to secure a license tag and providing for the killing of un- 
licensed dogs. Page 88. 

Elk and deer are fond of salt and are benefited by salt just as 
much as are cattle, and it is not a violation of the law of this 
State to place salt where deer may secure it. But it is a violation 
of law to create a deer lick with intent to attract deer so that 
they may be killed at the lick, or to kill deer at a lick no matter 
what the reason for its creation might be. 

Special attention is called to the fact that the laws of this State 
no longer permit the killing of birds other than game birds for so- 
called "scienific study," it being considered that enough life had 



GAME, FISH, AND FORESTRY LAWS. 131 

been destroyed and enough written to cover all necessities in this 
direction for ages to come. Therefore no certificates will be issued 
to taxidermists for this purpose, and the mounting of bird skins 
for sale can not be permitted. 

All taxidermists must secure a license before beginning to operate 
in Pennsylvania and no license of this kind will be issued to those 
who claim to have secured their knowledge of this work entirely 
through correspondence schools. 

Taxidermists have the right to receive and cure and mount the 
skins of birds and animals that have been legally killed in this 
State. They have no right to kill, one bird or animal through or 
because of their certificates. 

The Game Commission holds that the words "legally killed" 
mean "not illegally killed", so that it would not be an offense to 
mount the skin of a bird accidentally killed. 

Certificates to take birds, their nests and eggs for scientific 
study are limited to teachers of ornithology in public schools, and 
to men connected with public museums. 

Section 3. Act of June 7th, 1917, page 60. 

Persons desiring to raise game in preserves for either sale or 
gift must secure a license and must make report to the Game Com- 
mission. 

Section 7. ' Act of June 7th, 1917, page 63. 

The act forbidding the unnaturalized foreign-born resident to 
hunt or shoot or to even be possessed of a gun, was passed by the 
Legislature and signed by the Governor on the 8th day of May, 
1909, and has been pronounced constitutional by the Superior 
Court, and Supreme Court of this State, and by the Supreme Court 
of the United States. 

See citation No. 46, page 250. 

The Superior Court has ruled that it was a violation of the Act 
<if May 8th, 1909, for an alien to run or manage a shooting gallery. 
See citation page 252. 

The Act of June 1st, 1915, forbidding aliens to be possessed of 
a dog was passed as a protection not only to our game but also a 
protection to our cattle and sheep and other livestock, and to our 
people as well. Many of our alien residents raising dogs appear 
to think they can raise these animals in numbers and^ turn them 
loose on the community to pick up their living. To make this act 
constitutional it was necessary to include all aliens in its pro- 
visions. 

See the Act of June 1st, 1915, page 49. 



132 GAME, FISH, AND FORESTllY LAWS. 

The status of National Law relative to the killing, sale, etc., of 
migratory birds, and the regulations pertaining thereto, as it affects 
our law is referred to fully in the summary of Game Laws, page 
13:5. 

Attention is called t<» the fact that this National law controls 
and limits State laws relating to migratory game birds in all cases 
where the State law conflicts with the National law, in a manner 
tending to lengthen the season as fixed by said National law, but 
it does not attempt to alter or in any manner change laws enacted 
by the State, that are within the time limit as fixed by sai<l 
National law. 

In other words a State may shorten the time during which, as 
fixed by the National law, game may be killed, but no State has 
the power to lengthen that time. 



GAME, FISH, AND FORESTRY LAWS. 



133 






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INDEX TO G4ME LAWS 



A. 

Vngc. 

Abatement of penalty for killing- a deer oi- elk by mistake, 107 

Acknowledgment of offense, right of, 2.'j-o5-40-43-52-r);j-87-l()7 

Action, time limitations 24-34-39-r)T-8ij-3 07 

Address, Game Commission " 114 

Advertisement by Game Commission .o()-112 

Aflidavit, 24-30-.S4-89-51-60-7G-77-S5-102-10;M07 

AfRdavit, bounty, taken by Game Protectors without fee, 105 

Affidavit, bounty, taken by ' Justices, Special Deputy Game Protectors 

and other officials, 102 

Aid in makint; arrests 10 

Alderman to take affidavits in claims for bounties 102 

Alderman not to mutilate skin or pelt in claim for bounty, lO.H 

Aliens, unnaturalized, not to be possessed of shot;i;uns, ritlcs, rcvnlvers 

or dogs 22-4t> 

Anatidae, game birds (See waterfowl) 58 

Animals and birds destructive to game 60 

Annual report from propagating plant H4 

Annual report from taxidennist 02 

Apparatus, forfeiture of 10-22-31-33-44-50-59 

Appeal, right of 19-35-40-43-55-80 

Application of fines and penalties 16-19-25-34-37-30-45 51-55-80 

Application for certificate to take birds 60 

Application for certificate to practise taxidermy,, 62 

Application for certificate to operate propagating plant, (!3 

Application for license to breed, sell or have ferrets in possession, . . 01 

Appointment of Game Commissioners, 

Appointment of Game Protectors 10 

Appointment of Special Depiity Game Protectors, «. 20 

Arrests, aid in making 16 

Arrests, on Sunday 1 2-15-23-50 

Arrest, resisting or interferring with, 10-32-43-55 

Arrest, without warrant 12-15-23-31-37-44-50 

Artificial lights prohibited 73 

Automatic guns 21 

Automobiles, game not to be killed from, 73 

Auxiliary Game Preserves, public, establishment of Ill 

B. 

Ball or bullet in hunting deer 77 

Bam Swallow, protected 68 

Bam Owl, protected 68 

Barred Owl, not protected, 69 

Bay or Canada Lynx, commonly called wild-cat, bounty on, 102 

Bear, game animal, 58 

Bear, open season foi', 70 

Bear, number that may be killed by one person 71 

Bear, number that may be legally killed by one camp or party, 76 

Bear, may be killed as protection to person or property, 72 

Bear, may be killed by Game Commission when becoming nuisance, . . 72 

(137) 



138 INDEX. 

Page. 
Bear, may be killed when a nuisance in counties opened by Game Com- 

missioUj 72 

Bear, may be sliipped when properly marked, except by parcel post, 83 

Bear,, taking in steel traps, dead-falls or pens, prohibited, 73 

Beaver, protected at all times, 17 

Bee-bird, protected, 68 

Belgian or German Hare, no license required to breed or sell 81 

Birds, may be taken under certificate 60 

Birds, nests and eggs protected, 67 

Birds, not to be kept in cages 68 

Birds, other than game birds, protected at all times, 68 

Birds, other than game birds, not protected, 68 

Bitteni, protected, 68 

Black-cap, protected, 68 

Black Bird, game bird, 58 

Black Bird, open season for, 70 

Black Bird, may be killed as a protection to property 71 

Black Bird, may be killed under direction of Game Commission, .... 71 

Black Squirrel, game animal (see squirrel), 58 

Blue Bird, protected, 68 

Blue Finch, piotected, 68 

Blue Heron, not protected, 69 

Blue Jay, not protected, 68 

Boat, forfeiture of to Commonwealth 16-22-31-33-44-56-59 

Boat, kind that may be used in hunting, 74 

Bobcat, or wihl cat, bounty on, 102 

Bobolink, or Reed Bird, game bird, open season for, 134 

Bought or sold, certain game cannot be, 79-80 

Boundaries, to be marked, 36-42-112 

Boimty, affidavit for, to be taken by Game Protectors without fee 105 

Bounty, affidavit for to be taken by Justices, Special Deputy Game Pro- 
tectors, etc., claimant to pay fee, 102 

Bounty, oon noxious anmals, .• 102 

Box traps, resident under 14 may take rabbits with on lands whereon 

they reside, 73 

Boys, between 14 and 16 to receive license to hunt by consent of 

parents or guardian 27 

Boys under 14, not to receive license to hunt 27 

Boys under 14 may take rabbits in box traps on lands whereon they 

reside, 73 

Brant, game bird (see Waterfowl) , 58 

Broad-Avinged hawk, not protected 69 

Buck deer with horns at least two inches above hair 70 

Buck shot, not to be used in killing deer 77 

Bullet or ball in hunting deer, 77 

Bunting, protected ? . 68 

Buzard, not protected 69 

C. 

Cages, birds not to be confined in, 68 

Canaries, right to keep In cages, 68 

Cardinal, or red bird, protected, 68 

Cat Bird, protected, 68 

Cats, legal status of, 248 

Cedar bird, or wax wing, protected, 68 

Certificates for taking birds, Ordinary, 60 

Certificates for taking birds. Special, 61 

Certificate for non-resident before hunting or trapping 52 

Certificates for non-resident before hunting for game 26 



INDEX. 139 

Page. 

Certificate for propagating purposes 63 

Certificate, forfeiture of, 61 

Certificates not transferable 60 

Chasing game on Sunday forbidden 69 

Chat, protected, 68 

Cheri*y Bird, protected 68 

Chewink, protected 68 

Chicadee, protected, 68 

Chipping Sparrow, protected 68 

Claims for boimty, procedure to procure, 102 

Close season defined, 58 

Closing comities to hunting for certain birds and animals, 37 

Closure of county by Governor, 48 

Collars on dogs, 78-89 

Commitment of offenders 19-20-25-35-36-40-43-48-51-55-59-86-106 

Common carriers, not to accept game for shipment out of State, 84 

Common carriers, not to accept game for shipment unless properly 

marked, 83 

Concealment of game illegally killed punishable by full penalty, 72 

Confiscated game, 15-31-44-56-76 

Confiscated Paraphernalia 16-22-31-33-44-56-59 

Constables, game wardens 12 

Constables, to kill dogs, 78-94 

Convictions, simimary '. 19-20-24-34-39-42-50-54-85-110 

Coon, game animal (see Raccoon) 58 

Cooper's Hawk, not protected, 69 

Coots, game birds 58 

Coots, open season for, State law 70 

Coots, may be bought and sold 80 

Costs of suit, liability for (also see citations, page 256), 18 

County may be closed to hunting, 37-48 

Coimty Treasurer to issue Non-Resident Hunter's Licenses, 53 

County Treasurer to issue Resident Himter's Licenes, 27 

Court decisions 239 

Craft, certain kinds forbidden in hunting 74 

Creeper, protected 68 

Crow, not protected ^ . . . 69 

Cuckoo, protected, 68 

Curlew, game bird 58 

Curlew, open season for, State law, 70 

Curlew, not to be killed until after 1926 imder treaty with Canada 134 

Cured or tanned skin may be had in possession if secured legally 69 

D. 

Deception of wild game forbidden 73 

Decisions pertaining to game and fish, , 239 . 

Decoys, for wild water fowl, may be used, 73-74 

Decoys, may be forfeited 16-22-31-33-44-56-59 

Decoys, number and distance apart they must be placed, 74 

Deer, game animals, 58 

Deer, buck with horns 2 inches above hair, open season for 70 

Deer, number that may be killed by one person 71 

Deer, number that may be legally killed by one camp or party hunting 

together, 76 

Deer, attempt to kill or wound a second by standing on watch or other- 
wise prohibited, 71 

Deer, does and fawns not to be shot at, 71 

Deer, dogs chasing to be killed by any person, 78 

Deer, killed in preserve properly licensed, 70 



140 INDEX. 

Pagt. 

Deer, killing of permitted when actually caught destroying crops, 77 

Deer, killed as a protection to property must be sent to liospital or char- 
itable institution, 122 

Deer, killing at lick prohibited, 73 

Deer, may be killed by Game Commission when becoming nuisance, .... 72 

Deer, not to be bought or sold if killed in a wild state 79 

Deer, not to be killed with gun discharging more than one ball, 77 

Deer, not to be killed in water, 77 

Deer, shipment by parcel post absolutely prohibited, S2 

Deer, shipment of within State permitted when properly marked, 8.'-} 

Deer, shipment out of State prohibited 84 

Deer, shipment out of State, exceptions, 84-8.5 

Deer, time same may be had after close of season, . 81 

Deer, use of deceptions in taking, prohibited, 73 

Deer, use of dogs in hunting forbidden, 77 

Defendants may acknowledge offense and pay penalty 25-35-40-43-52-55-87 

Deputies, special appointment and rights of 21 

Designation of season 58 

Destruction of birds' nests prohibited, 67 

Destructive animals may be killed, 60 

Disposition of boats, guns, etc., when seized 16-22-31-33-44-56-59 

Disposition of game when seized 15-31-44-56-76 

Disposition of penalties, 16-19-20-24-34-37-30-45-51-55-86-107 

Does and fawns not to be shot at 71 

Dogs, found running deer or elk may be killed by any person, 78 

Dogs, found running small game may be killed by certain persons and 

owners prosecuted 78 

Dogs, in woods during deer season, prohibited, 77 

Dogs may be killed upon aflldavit made within two years, 78 

Dogs, legal status of 88-247 

Dogs not to be possessed by unnaturalized foreign-bom residents, 49 

Dogs, not to be used in deer hunting, 77 

Dogs, owners or persons harboring to secure license for 88 

Dogs, OAvners or person harboring, liable to penalty 77-78-79-88 

Dogs, public nuisance, 78-79 

Dogs, time for training 79 

Domestic pets, wild birds not to be kept in confinement, 68 

Double liability, when dogs chase deer or elk after notice, 78 

Doves protected, 68 

Downy Woodpecker, protected, 68 

Duck, wood, absolutely protected by National regulation 

Ducks, wild, game birds (see waterfowl), 58 

Duck hawk, not protected, 69 

Duplicate tags, mutilation or second use of, prohibited 66-67 

Duplicate tags, to be returned to Game Commission 66 

Duty of Assessors, 93 

Diity of Constables 12-37-94 

Duty of Court of Quarter Sessions, 14 

Duty of Foresters, Forest Rangers, Game Protectors and Fish Wardens, 46 

Duty of Game Commission, 10 

Duty of Game Protectors 11 

B. 

Eagle, protected, 68 

Eudcational purposes, animals and biids maintained for, 60 

Eggs, and nests of wild birds, not to be disturbed, 67 

Egret, absolutely protected 68 

Egret plumes, not to be sold In tbls Commonwealth 68 

Elk, game animal, 58 



INDEX. 141 

rage. 

Elk, killing prior to 1921 prohibited, 75 

Elk, may be killed by Game Commission when becoming nuisance, .... 72 

Elk, may be taken by still hunting only after 1921 75 

English Pheasant (not ruffed grouse), game bird (see pheasant) 58 

English Pheasant (not mlted grouse, game bird (see (pheasant), 58 

Evidence, prima facie , 23-29-50-54-76-81 

Evidence to be heard by Aldermen, Magistrates, and Justices of the 

Peace 19-20-24-34-39-42-50-54-85-110 

Expenses of Game Protector 16 

Expenses of Special Deputy, neither State nor County liable for 21 

Express Company, not to accept small game for shipment imless properly 

marked and accompanied by owner S3 

Express company, not to accept large game for shipment unless properly 

marked 83 

Express company, not to carry gam;2 out of State 84 

Express company, not to carry game out of State, exception, 84-85 

F. 

Fawns and does, not to be shot at 71 

Ferret, in himting, use of prohibited 75 

Feiret, license to own, have in possession, breed or sell, 61 

Ferret, to be killed, 75 

Fees for certificates 61-63-64 

Fee for bounty affidavit taken by officials other than paid Protectors to 

be paid by claimant, 102 

Fines, disposition of 16-19-20-24-34-37-39-45-51-55-86-107 

Finch, protected, 68 

Firearms, unnaturalized foregn-born residents forbiden to possess, .... 22 

Firearms, use of prohibited in certain places 36-42 

Fish Hawk, or Osprey, protected, 68 

Flicker, protected 68 

Fly-catcher, protected, , 68 

Foreign-bom residents, unnaturalized, cannot be possessed of dogs, .... 49 
Foreign-born residents, unnaturalized, cannot be possessed of shotguns, 

rifles or pistols, 22 

Forfeiture of boats, etc., 16-22-31-33-44-56-59 

Forfeiture of certificate, 61 

Forfeiture of dogs in possession cf aliens 49 

Forfeiture of game and shootin? paraphernalia 16-22-31-33-44-56-59 

Forfeiture of guns by unnaturalized foreign-bom residents, 22 

Fowl, wild water, game birds (see water-fowl), 58 

Fox not to be brought into this State or reared in captivity and released, 67 

Fox, red and grey, bounty on, 102 

Fox squirrel, gam.e anim.al (see squirrel) , 58 

G. 

Gallinules, game birds, 58 

Game, acceptance of from paid guide prohibited, 82 

Game, classification of, 58 

Game, commerce in 79-80 

Game Commission, appointment of, 9 

Game Commission, Secretary of 11 

Game Commission, duties of, 10 

Game Commission, meetings of, 10 

Game Commission, game laws not to apply to when acting for the State, 60 

Game Commission, right to destroy vermin, 60 

Game, concealment of when illegally killed, prohibited, 60 

Game, disposition of, when seized, 15-31-44-56-76 

Game, forfeiture of 15-31-44-56-76 



142 INDEX. 

Page. 

Game, hunting for wages or hire, prohibited 82 

Game, importation of alive without inspection, prohibited, 67 

Game, in transit, 84 

Game, large, may be shipped within the State when properly marked, 

without accompanying same 83 

Game, limit of niunber ta, be taken, 71 

Game, non-residents with license may carry out of State, 85 

Game, not to be taken between sunset and sunrise 7o 

Game, not to be taken between sunset and sunrise, exception 73 

Game, open season for, 69-70 

Game, ownership and control of, , 239 

Game, possession of during close season 69-70 

Game preserves. Auxiliary, controlled by State, public, Ill 

Game preserves, owned by private individuals 63 

Game preserves, public, on lands owned or leased by State, 41 

Game Protectors, appointment of, 10 

Game Protectors, Special Deputy, appointment ot, 20 

Game Protectors, powers of, , 11-15 

Game Protectors, surrender of all penalties collected to Commonwealth, 16 

Game Protectors, tenure of office, 11 

Game Protectors, to take affidavit in claims for bounties without fee, 105 
Game Protectors, Special Deputy, to take bounty affidavits, claimant to 

pay fee 105 

Game, purchase and sale of certain kinds prohibited, 79-80 

Game, removal out of State prohibited, 84 

Game, removal out of the State permitted under certain conditions, . . . 84-85 

Game right of the State to control, 289 

Game, small, not to be accepted by common carrier for shipment unless 

properly marked and accompanied by owner 83 

Game, shipment of by Parcel Post, absolutely prohibited, 82 

Game, tagging of, killed in private preserves, 65 

Game, tagging of, killed in wild state when shipped 83-84-85 

Game, time same may be held in possession 81 

Game, to be taken only through use of gun, 73 

Gender defined 26-58 

Gnat-catcher, protected 68 

Goose, wild, game bird (see water-fowl) 58 

Goshawk, not protected, 69 

Governor authorized to close counties to hunting, etc 48 

Grackle or Blackbird, game bird (see Blackbiird), 58 

Grass Snipe, or Upland Plover, game bird (see Plover), 58 

Great Blue Heron, not protected by State law, 69 

Great Grey Owl, not protected, 69 

Grebe, game bird (see Waterfowl) 58 

Green Heron (Shitepoke), not protected by State Law 69 

Grey Squirrel, game animal (see squirrel), . . • 58 

Grosbeak, cr red bird, protected 68 

Grouse, ruffed, game bird 58 

Grouse, open season for, 69 

Grouse, number that may be killed 71 

Grouse, not to be accepted by employer of guide 82 

Grouse, not to be bought or sold, 79 

Grouse, not to be killed except through the use of gvm, 73 

Grous^, not to be killed for wages or hire, 82 

Grouse, not to be killed between sunset and sunrise, 73 

Grouse, not to be removed out of the State 84 

Grouse, not to be removed out of the State, exception, 84-85 

Gull, protected, 68 



INDEX. 143 

Page. 

Gun, automatic, prohibited in. hunting game, 21 

Gun, disDosition of when seized 16-22-31-33-44-58-59 

Gun, forfeiture of, 16-22-31-33-44-56-59 

Gim, propelling more than one bullet, pellet or ball, when prohibited, 77 

Gun, use of in taking game, 73 

H. 

Hair-bird, protected, 68 

Hare, Belgian or German, may be bred, sold or shipped without license, 81 

Hare, wild, game animal 58 

Hare, open season for 69 

Hare, number that may be killed 71 

Hare, may not be bought or sold if killed in wild state in Common- 
wealth, 70 

Hare, not to be hunted with ferrets, 75 

Hare, not to be taken except through the use of a gun 73 

Hawks, wild birds other than game birds, some species protected 68 

Hawks, certain species not protected and may be killed at any time, 69 

Hawk owl, not protected 69 

Hearings, . 19-20-24-34-39-42-50-54-85-110 

Hens, mud, or coot, game birds (see (coot), 58 

Herons, blue, green and night, not protected by State law 69 

Herons, white and snowy egret absolutely protected 68 

High-holder, or Flicker, protected, 68 

Hire, no hunting for, 82 

Homed OavI, not protected 69 

Horas, on deer, length of 70 

Hospital, game to be sent to, 15-31-44-56-76 

Hospital, use of fireanns on grounds of prohibited, 34 

Humming bird, protected, 68 

Hungarian quail, game bird, 58 

Hungarian quail, open season for, 69 

Hungarian quail, number that may be killed, 71 

Hungarian, quail, killed in wild state in Commonwealth not to be bought 

or sold, 79 

Hunters' License, Non-Resident , 52 

Hunters' License, Resident, 26 

Hunting by non-residents without license prohibited, 52 

Hunting by residents without license prohibited, 26 

Hunting by residents without license, when permitted, 29 

Hunting by xinnaturalized forcign-boi-n residents prohibited, 22-49 

Hunting, certain method only permitted 73 

Hunting, certain method, exceptions, 73-74 

Hunting deer with dogs, prohibited 77 

Hunting for game birds or animals from sunset to sunrise, prohibited, 73 

Hunting for game from sunset to sunrise, exception 73 

Hunting from automobiles or blinds prohibited 73 

Hxmting or chasing game on Sunday, prohibited, 69 

Hunting paraphernalia, forfeited, 16-22-31-33-44-56-59 

Himting seasons for, 69-70 

Hunting with automatic gim prohibited, 21 



Importation of certain birds and animals prohibited, 67 

Importation of liye game birds and animals witliout inspection pro- 
hibited, 67 

Imprisonment, for failure to pay penalty, 

19-20-25-35-36-40-43-48-51-55-59-86-106 



144 INDEX. 

Page 

luiprisonment for second offense 32-59 

Index to Resident Hunters' Licenses issued .........'.'. 30 

Indigo Bird, protected, 68 

Insectivorous birds, wild birds other ttian game birds protected '. 68 

Inspection of live game birds or animals, 67 

Inspection of propagating plant ', 65 

Interfering with bii-ds' nests prohibited 67 

Interfering with officers, 16-32-43-55 

J. 

Jack Snipe, game bird (see Snipe) 58 

Jay bird, not protected 69 

Joint Resolution directing the publication of this pamphlet 3 

Judge of the Court of Quarter Sessions 14 

Junco, protected 68 

Justices of the Peace to take claims for bounties 102 

Justices of tlie Peace and other officials not to mutilate skins in claims 

for ))Oimities, 102 

Jurisdiction of Constables, '.'..! 13 

Jurisdiction of Game Protectors, 11-14-15-16 

K. 

Killing deer except male with horns two inches above hair, prohibited, 70 

Killing deer in the Avater prohibited, 77 

Killing game except with gun prohibited 73 

Kill-deer Plover, game bii-d, protected till after 1926 under National 

Law ( see Plover) , 134 

King bird, protected, 68 

Kingtisher, not protected 69 

Kinglet, protected 68 

L. 

Lands for game preserves 41-108-111 

Land owners or lessees residing upon and cultivating lands may hunt 

without license 29 

Large game, may be shipped by express or freight when properly 

marked, 83 

L;nk, meadow, protected 68 

Lark, liorned, protected, 68 

Launches, poAver, prohibited in hunting waterfowl, 74 

Law, decision of Courts 239 

Letter of transmittal, 5 

Liability of men taking dogs into the woods, 77 

Liability of owners of dogs that i-un deer or elk, 78 

Liability of OAvners of dogs that chase and destroy small game, 79 

License, dog, must be secured by OAvner or person harboring, 89 

License tag, must be displayed Avhile hunting, .i8-53 

License to n^n-residents to hunt, issued by County Treasurer, ........ 53 

License to oaati or breed or sell, or have ferrets in possession 61 

License to practice Taxidermy, '. 62 

License to propagate game for sale, 63 

License to residents to hunt, issued by County Treasurer, 27 

License to take birds 60-61 

Lick, doer, prohibited in killing deer, 73 

Limicolae, game biirds 58 

Limitation of time AAhen game m.ay be had in possession, 81 



INDEX. 145 

M. 

Page. 

Linnet, protected •JS 

Leon, game biird (see -waterfowl) -JS 

Magistrates and other officials to issue affidavits in claims for 

bounties, 102 

Magistrates, not to mutilate skins in claims for bounties 103 

Marliing game for shipment from propagating plant Go 

Marking game for shipmentt out of State, by non-resident licensee, 85 

Marking game for shipment to taxidermists, 83 

Marking game for shipment, large, accompanying not required, 83 

Maiking game for shipment, femall, to be accompanied at all times, .... 83 

Marsh hawk, not protected, 69 

Martin, protected 68 

Meadow Lark, protected, 68 

Meetings of the Game Commission, 10 

Migatory game birds protected by National Law, 134 

Mink, bounty on, 102 

Mocking bird, protected, 68 

Mongolian Pheasant, game bird (see Pheasant), -^8 

Moimted or cured skins, ownership and possession of 69 

Hud hens, game birds (see Coot) 58 

Muskrat, protected HO 

Mutilation or removal of tags, 66 

Mutilation of skins in claims for bounties by Justices and other officers 

prohibited, 103 

N. 

Names on dogs' collars, ''9 

Nests and eggs of wild birds not to be interfered with, 67 

Netting of game prohibited J3 

Night Hawk, protected, 'i'-^> 

Night Heron, not protected by State law, 69 

Night-time, hunting of game birds and animals during prohibited, 73 

Night-time, taking of game during, exceptions, 73-74 

Non-protected wild birds, 69 

Non-residents holding license may carry certain game out of the State if 

properly marked, 85 

Non-residents must secure license and tag before hunting or trapping, . . 52 

Notice, trespass, ^^'■'^^"^5 

Notice to owner of dogs running small game 2 

Notice to owTier of dogs rxmning deer or elk J8 

Number of game birds and animals that may be legally killed 71 

Nut hatch, protected, 68 

O. 

Oath, may be administered by officer investigating violations, 76 

Oath, to be taken by paid Protectors in claims for boimty without cost, 105 

Oath, to overcome effect of prima facie evidence, 30 

Oalh, when taken by Justices and other officials in claims for bounties 

to be paid by claimant 102 

Oftice of the Game Commission, 10 

Offense, second ^^'^o 

Officers empowered to enforce Game. Fish, and Forestry Laws, 46 

Officers, interference with or resisting arrest by, 16-32-43-55 

Officers, refusing or neglecting to do their duty, 14-47 

10 



146 INDEX. 

Page. 

Open season for game defined 58 

Opea seasons for game, State Law (see Smnmary page 133) 69-70 

Open seasons for game, National Law, 134 

Ordinary Certificates, for taking birds 60 

Oriole, protected, 6S 

Osprey, or fish hawk, protected, 68 

Owls, wild birds other than game birds, protected, 68 

Owls, certain species not protected, 60 

Owners or persons harboring dogs, liability for, 77-78-79-89 

Owners or persons harboring dogs, must secure license from County 

Treasurer and attach tag to collar, 89 

P. 

Paraphernalia, forfeiture of 16-22-31-33-44-56-59 

Parcel Post, shipment of game by, forbidden, 82 

Partridge or Quail, game bird (see Quail) 58 

Parts of game cannot be legally shipped by Parcel Post, 82 

Parts of game may be shipped to Taxidermists within State for mount- 
ing when properly marked 83 

Farts of large game, may be shipped by express or freight when prop- 
erly tagged without accompanying 83 

Parts of small game cannot be shipped unless properly tagged and ac- 
companied by owner, 83 

Pellet, bulli t or ball, but one at single discharge at deer, 77 

Pelts, of certain animals, 102 

Pens and traps for catching bear prohibited 73 

Penalty, abatement of, under certain conditions 107 

Penalties, disposition of 16-19-20-24-34-37-39-45 

Penalties, not to apply to, 60 

Penalties, right of defendant to pay, 25-35-40-43-52-55-87-107 

Person, the word defined 26-58 

Petition to close counties to himting of game, 37 

Petition to establish Auxiliary Game Preserre, Ill 

Petition to open county to killing bear, when destructire, 72 

Pewee, protected, 68 

Pheasant, commonly called, properly known as ruffed grouse, game bird 

(see Grouse) 58 

Pheasant, ring-neck (English, Mongolian or Chinese) game birds 58 

Pheasant, ring-neck, open season for, 69 

Pheasant, ring-neck, number that may be killed 71 

Pheasant, ring-neck, killed in a wild state in this Commonwealth not to 

be bought or sold, 79 

Pheasant, ring-neck, killing of in captivity 70 

Pheasant, ring-neck, not to be killed except through the use of a gun, 73 

Pheasaat, ring-neck, not to be killed for wages or hire, 82 

Pheasant, ring-neck, not to be killed from sunset to sunrise, 73 

Pheasant, ring-neck, time same may be trapped for special purposes, ... 82 

Phoebe, protected, 68 

Pigeon hawk, not protected 69 

Pileated woodpecker, protected, 68 

Pine Squirrel, not protected, 70 

Pistols or any other firearms, unnaturalized foreign-bom residents, for- 
bidden to own or possess ■. 22 

Pit-fall, use of forbidden, 73 

Plover, game birds 58 

Plover, open season for, State Law, 70 

Plover, upland or grass, and kill-deer, protected until after 1926 by 

National LaAV, '. 133 

Plover may be bought and sold under State Law, 80 



INDEX. 147 

Page. 

Pliuiiage or wild birds, sale of prohibited 68 

Possession of game at certain times prima facie evidence, . .28-29-50-54-7G 81 

Possession of game at certain times unlawful (39-81 

Possession of game during open season and for thirty days thereafter, 81 

Posted lands, trespassing on 18-:iO 

Preserves for game. Auxiliary, controlled by State Ill 

Fieserves for game, leased or owned by State 41-108 

President of Game Commission, permission of, at certain times, 62 

Prima facie evidence, 28-29-50-54-76-81 

Propagation of game, certificate for, 68 

Property seized, disposition of 16-22-8] -38-44-56-59 

I'rotection to trees and growing crops, certain animals may be killed, 71-74-77 

Protectors, Game 10-1 1-15 

Public institutions in which living birds may be kept, 60 

Public nuisance, when dogs become, 78 

Public parks, use of fireanns prohibited 36 

P'urchase of lands for Game Preserves, 108 

Pursuit of bear during close season, • 72-126 

Pygopodes, game birds, 58 

Q. 

Quail, or Virginia partridge or Bob-white, game bird 58 

Quail, Gambel, same protection throughout as Virginia Quail 70 

Quail, Hungarian, game birds (see Hungarian Quail), 58 

Quail, open season for, 69 

Quail, number that may be killed 71 

Quail, not to be bought or sold, 79 

Quail, not to be killed except with a gun, 73 

Quail, not to be killed from sunset to sunrise, 73 

Quail, not to be killed for wages or hire, 82 

Quail, not to be removed from the State 84 

Quail, time same may be held in possession 81 

Quail, time same may be trapped for special purpose, 82 

R. 

Rabbit, game animal, 58 

Rabbit, open season for 69 

Rabbit, niunber that may be killed, 71 

Rabbit, killed in a Avild state in this Commonwealth cannot be bought 

or sold 79 

Rabbit, may be taken in box traps by residents under 14 on lands 

whereon they reside 73 

Rabbit, may be killed as protection to trees, etc 74 

Rabbit, not to be hunted with ferrets 75 

Rabbit, not to be taken except through use of gun, except by residents 

under 14 on lands whereon they reside 73 

Rabbit, not to be hunted from sunset to sunrise 73 

Raccoon, game animal 58 

Raccoon, open season for 69 

Raccoon, may be bought or sold any time if taken during open season, 73-80 

Raccoon, may be killed as protection to growing crops 74 

Raccoon, may be taken in any manner, either day or night, 73 

Railroads not to carry game out of the State, 84 

Railroads not to carry game out of State, exceptions, 84-85 



148 INDEX. 

Page. 

Railroads, not to accept large game for shipment unless properly marked 83 
Eailroads^, not to accept small game for shipment unless properly marked 

and accompanied by owner, 83 

Rallidao, game birds, 5y 

Rails, game birds, 5S 

Rails, open season lor, State Law, 70 

Rails, may be bouglit or sold under State Law, 80 

Raveii, not protected, G9 

Receipt from Game Protectors 25-35-40-43-52-55-87-107 

Record costs, liability for (also see citations page 256), 18 

Records of Aldeimen and Justices 119 

Red-bird, protected, 68 

Red-headed woodpecker, protected 68 

Red-shouldered Hawk, not protected 69 

Red Stiuirrcl, not protected, 70 

Redstart, protected, 68 

Red-tailed HaAvk, not protected, 69 

Reed bird, gan.e bird (Bobolink) , 58 

Reed bird, open season for. State Law 70 

Reed bird, may be killed but not sold under an order of the Secretary 

of Agriculture, 133 

Removal of game out of State prohibited 84 

Removal of game out of State prohibited, exceptions, 84-85 

Report of Game Commission to Governor 10 

Reservation, Game Preserves, Auxiliary, controlled by State, Ill 

Reservatijn, Game Preserves on leased or State owned lands, 41 

Resident Hunter's License, residents Avho are citizens to secure, 27 

Resident Hunter's License, boys under 14 cannot secure, 27 

Resident Hunter's License, l)oys between 14 and 16 may secure by con- 
sent of parent or guardian 27 

Resident Hunter's License, to be issued by County Treasurer 27 

Resident Hunter's License, when owners and lessees maj^ himt witlioul 

securing, 29 

xiesisting arrest, 16-32-43-55 

Right Of i^efenclant to pay penalty in settlement of charges, 

• . • t 25-35-40-43-52-55-87-107 

RiKht of State to protect game and wild birds, 239 

Ring-neck /pheasant, game bird (see pheasant) 58 

River ducks, game birds (see Avaterfowl) 58 

Robin, protected 68 

Rough legged haAvk, not protected, 69 

Rutted grouse, game bird (see grouse) 58 

S. 

Sale of all wild birds other tlmn gaxne birds prohibited, 68 

Sale of certain game prohibited 79-80 

Sale of guns and paraphernalia seized 16-22-31-33-44-56-59 

Salad bird, or yellow biird, protected 68 

Sanatorium, use of firearms on grounds of, protected, 36 

Sandpipers, game birds, 58 

Sandpipers, open season for, State Law 70 

Sandpipers, protected under National LaAV, 134 

Sap-sucker, protected 68 

Scarlet tanager, protected 68 

Screech ovrl, protected 68 

Sea ducks, game birds (see waterfoAvl) , 58 

Search warrants , 15-24 



INDEX. 14» 

I'age. 

Search, -without warrant, 15 

Seasons, open G9-70 

Second deer, attempt to kill, prohibited 71 

Second offense, punishment .■'.2-59 

Second use of shipping tags, prohibited 67 

Seizure of game, paraphernalia, dogs, etc., right of 16-22-.''.l-44-56-59 

Sharp-shinned hawlc, not protected, 69 

Shipment of game out of the State prohibited 84 

Shipment of game out of State, exceptions 84-85 

Shipment of large game properly marked, pennitted, 8;^ 

Shipment of small game unless properly marked and accompanied by 

oAvnei;, prohibited, 83 

Shipment of wild birds other than game birds, prohibited , 68 

Shooting at does and fawns prohibited, ' 71 

Shooting from simset to sunrise, except at raccoons, prohibited 7.3 

Shooting or chasing of game on Sunday prohibited, 69 

Shooting paraphernalia, forfeited, 16-22-31-44-56-59 

Shore birds, ganie birds 58 

Shore birds, open season for. State Law, 70 

Shore birds (except Bleck -breasted and Golden Plover, Snipe, Woodcock. 

and Yellowlegs) absohitely protected imtil after 1926 under National 

Law, 134 

Shrike, protected, 68 

Silencer, not to be used in taking game, 73 

Singular and plural number defined, 2G-58 

Skins in claims f(jr bounty not to be mutilated before sending to office 

of Game Commission, 103 

Skins, tanned and cured, may be retained, 69 

Skunk, protected, 110 

Snaring birds or animals, prohibited, 73 

Snipe, Jack or Wilson, game birds, 58 

Snipe, open season for. State law 70 

Snipe, open season for, National Law ' 133 

Snipe, under State laAV may be bought and sold, 80 

Snow-bird, or Junco, protected 68 

Snowy owl, not protected 69 

Sold or bought, certain game cannot be, 79-80-134 

Sold or bought, certain game may be 80 

Song birds, all wild birds other than game birds, protected 68 

Sparrows of all kinds, excepting English Sparrows, protected 68 

Sparrow, English, not protected and may be killed at any time, .... 69 

Special certificate to take birds, 60-61 

Special Deputy Game Protectors, appointment, etc., 20 

Special notice, dogs chasing deer or elk, 78 

Special notice, dogs chasing small game during close season 79 

Squirrel, black, fox or gray, game animals, 58 

Squirrel, black, fox or grey, open season for, 69 

SquiiTel, black, fox or grey, number that may be killed, 71 

Squirrel, black, . fox or grey, killed in a wild State in this Common 

wealth may not be bought or sold, 79 

Starling, European, not protected, 69 

Status of game 239 

Streams, deer not to be killed in 77 

Summary convictions 19-20-24-34-39-42-50-54-59-86-106 

Summary of important provisions of game laws, 117-132 



150 INDEX. 

Page. 

Sumiuary of seasons, bag-limits, etc., , 133 

Sundaj', arrests may be made on 12-15-23 

Sunday, there shall be no hianting for, shooting at, or chasing of game 

on 69 

Sunset and sunrise, shooting game between, except raccoons, prohibited, 73 

Swallow, protected 68 

Swan, absolutely protected under National Law until after 1926. 

Swift, chimney, (chimney swallow), protected, 68 

T. 

Table of game, time for taking, etc., 133 

Tag, license, both Resident and Non-Resident Hunters', must be worn 

properly displayed while hunting, 28-53 

Tag, license, on dogs 89 

Tag, must be attached to game shipped from licensed preserves, .... 65 

Tag, not to be mutilated, 66 

Tag, not to be used for second shipment 67 

Tag, to be attached to game when shipped under certain conditions, 65-83-84-85 

Taking uf game in any manner except through use of gun prohibited, . . 73 

Taking of game througli use of gun, exceptions, 73 

Tanager, protected, 68 

Tanned or cured skins, may be held in possession, 69 

Tattler, game bird 58 

Tattler, open season for. State law 70 

Tattler, not to be killed until after 1926 under National Law 134 

Taxation of dogs, 88 

Taxidermists, must secure license to practice, 62 

Taxidermists, speeimans may be shipped to within State when properly 

marked, 83 

Tenants, right to kill dogs, • 78-79-94 

Tenants, right to kill bear, deer, rabbits and raccoons when destroying 

certain property, 72-74-77 

Tlirasher, protected, 68 

Thrush, protected, 68 

Tilt-up, game bird, (see sandpiper), 58 

Time limit for prosecutions 24-34-39-51-85-107 

Time game may be had in possession after close of season, 81 

Titmouse, protected 68 

Training dogs on game on Sunday prohibited, 69 

Training dogs, open season for 79 

Transportation of game cut of State prohibited, 84 

Transportation of game out of State, exceptions 84-85 

Transportation of small game prohibited unless properly marked and 

accompanied by owner, 83 

/" Transportation of large game peimitted when properly marked, 83 

Transportation of wild birds other than game birds prohibited, .... 68 

Traps for game, except rabbits and , raccoons, absolutely prohibited, . . 73 

Traps for taking vermin, ?egal under certain conditions, 74 

Trespass on posted lands s 18-20 

Turkey, wild, game bird 58 

Turkey, wild, open season for, 69 

Tui-key, wild, niimber that may be killed 71 

Turkey, wild, calling of, illegal 73 

Turkey, wild, not to be bought or sold 79-80 

Turkey, wild, not to be hunted for wages or hire 82 

Turkey, wild, not to be killed between sunset and sunrise, 73 



INDEX. 151 

U. 

Page. 

Unlawful to shoot at a doe or fawn at any time 71 

Unnaturalized foreign-bom residents cannot be possessed of dogs 49 

Unnaturalized foreign-born i-esidents cannot be possessed of firearms of 

any kind 22 

Unprotected animals, list of 135 

Unprotected birds, list of, 69 

Upland or grass plover, game bird, (see plover), ; 58 

V. 

Vacancy on Game Commission, how filled 9 

Veery, protected 68 

Vireo, protected, 68 

Virginia Partridge, or quail, game birds (see (juail) 58 

W. 

Wages or hire, hunting for, prohibited 82 

Warblers, wild birds other than game birds, protected, 68 

\\'ardens, all Constables are, 12 

Wardens, rights and duties of, 11-12-15-16 

Warrants of search, 15-24 

Water craft, certain kinds not to be used in himting waterfowl 74 

Water craft, forfeiture of 16-22-31-33-44-56-59 

Waterfowl, wild web-footed, game birds 58 

Waterfowl, wild, open season for, State Law, 70 

Waterfowl, wild, open season for, National Law, 134 

Waterfowl, wild, may be taken through use of decoys and blinds, .... 73-74 

Waterfowl, wild, not to be killed except through use of gun, 73 

Waterfowl, wild, not to be killed from certain boats or craft 74 

Waterfowl, wild, not to be killed between sunset and sunrise 73 

Waterfowl, wild, luider State Law may be bought and sold under 

certain conditions 80 

Waterfowl, wild, under National Law cannot be legally sold, , . . ; 134 

Waters, deer not to be killed in, 77 

Weasel, boimty on, 102 

Whip-poor-will, protected 68 

Wild birds' nests, not to be interfered with, 67 

Wild birds other than game birds, absolutely protected 68 

Wild birds other than game birds, not protected 69 

Wild birds other than game birds, not to be shipped out of State 68 

Wild birds other than game birds, not to be sold or offered for sale, . . 68 

Wild cat (Canada or Bay Lynx), also called Bob-cat, bounty on 102 

Wild ducks and other wild waterfowl, game birds (see waterfowl), .... 58 

Wild turkey, game bird (see turkey) , 58 

Woodcock, game bird 58 

Woodcock, open season for, 69 

Woodcock, number that may be killed, 71 

Woodcock, not to be bought cr sold, 80 

■Woodcock, not to be killed except with a gun, 73 

W^oodcock, not to be killed for wages or hire, 82 

Woodcock, not to be killed from sunset to simrise 73 

Woodcock, not to be transported out of State 84 

Woodcock, not to be transported out of State, exceptions 84-85 

Woodpeckers, wild birds other than game birds, all protected, 68 

Wren, wild bird other than game bird, protected 68 



152 INDLX. 

y. 

Page. 

Yellow 111 1(1, protected, 68 

Yellow Hammer, or Plickei', protected, 68 

Yellow shanks (snipe), game bird ; 58 

Z. 

Zoological gardens, game laws not to apply to, 60 



DIVISION II. 
LAWS RELATING TO FISH. 



AN ACT 

For the protection of shad and game fish in the River 

Delaware. 

Whereas, It is deemed advisable by the Fish Com- 
missioners of New York and Pennsylvania, to pi-otect 
the stocking of the River Delaware with shad and 
game fish, and to guard the fishing industries of the 



said 

no 
, or 
net, 
any 
7-od, 
That 
Pro- 
for catching 
in width, or 
knot, above 
shall not be 
shore, drift, 



said river by the passage of uniform laws for the 
river in each State, therefore. 

Section 1. Be it enacted,«&;c.. That hereafter 
person or persons shall cast, draw, -or fasten, 
otherwise make use of any seine, drift net, fyke 
or net or nets of any other description, or use 
other apliance for the catching of fish, except 
hook and line in the Delaware river: Provided, 
this section shall not extend to shad fishing : 
vided also. That the meslies of nets used 
shad shall not be less than three inches 
one and one-half inches from knot to 
Trenton Falls : Provided also. That it 
lawful to fish for shad with nets, either 
gilling or dip-nets, or with any appliances whatever 
from June fifteenth to December thirty-first of any 
year, in the Delaware river above Trenton Falls. 
Any person or persons violating any of the provisions 
of this section, shall forfeit or pay the sum of one 
hundred dollars, with all costs of suit, together with 
tlie forfeiture of boats, nets and all appliances. 

Section 2. That hereafter no person or persons 
shall cast, set, draw, fasten or otherwise make use 
of any fyke net, or nets of any kind, or device made 
from cotton or flax twine, or wire netting, similar to 
a fyke net, for the puipose of catching fish in the 
Delaware river at any time in any year. Every per- 
son so offending shall be guilty of a misdemeanor, and 
on conviction thereof shall be punished by a fine, not 
exceeding one hundred dollars or imprisonment in the 



Act Mav 22, 
1889, P. L. 
261. 

Preamble. 



Fishing with 
nets pro- 
hibited. 

Not to ex- 
tend to shad 
fishing. 

Size of mesl 
above Tren- 
ton Falls. 



Fishing for 
shad with 
nets from 
June 15th to 
December .31 

Proliibited 
above Tren- 
ton Falls. 

Penalty. 

Use of cer- 
tain nets 
prohibited. 



Violation of 
this act de- 
clared a 
misdemeanor. 



(153) 



154 



GAME, FISH, AND FORESTRY LAWS. 



Penalty. 



Fishing. Ptc, 
on Sunday 
prohibited. 



Penalty. 



Erection aiul 
use of tish- 
baskets. 
etc.. pro- 
hibited. 



Wins: -walls, 
prohibited. 



Penalty. 



Penalty for 
second of- 
fense. 

Rock-bass or 
wall-eyed 
pike not to 
be killed 
within two 
years. 



county jail for a term not exceeding six months, or 
both at the discretion of the magistrate or court be- 
fore which such offender or offenders shall be con- 
victed, and the net or nets, devices or appliances used 
shall be destroyed by the officer making the arrest. 

Section 3. It shall be unlawful for any person or 
persons to cast, draw, drift, anchor, set, stage or 
otherwise make use of any gilling net, seine, short- 
net, drift-net, eel pots, or any kind of net for the 
jnirpose of catching fish in the Delaware river from 
sunset on Saturday until twelve o'clock on Sunday 
night of each and every week ; and the person or 
persons so offending shall forfeit and pay the sum of 
one hundred dollars, together with the cost of suit 
for each and every offense. 

Section 4. It shall be unlawful for any person or 
persons to place, build, erect, fasten or use any 
fish-baskets, gill-nets, or any permanently set means 
for taking fish in the river Delaware ; nor shall any 
person at any time affix any nets, fish-basketts, fyke 
nets, eel racks, or any kind of appliances or set 
means of taking fish to any wing walls in the river 
Delaware. Nor shall any person or persons erect, 
build or place, or cause to be erected, built or placed, 
any wing wall, or walls of stone or of any other 
substance or material, in the river Delaware, for 
the purpose of affixing, ad.iusting, placing or setting 
thereto or adjacent thereto, any of the above men- 
tioned illegal devices, contrivances or appliances for 
taking fish. Any person violating the provisions of 
this law shall be fined fifty dollars for the first offense 
or be liable to imprisonment for one month in the 
county jail, or both at the discretion of the magis- 
trate before whom the offender is convicted, and any 
person or persons so offending a second time shall 
be liable to a fine of one hundred dollars and impris- 
onment for three months in the coTinty jail. 

Section 5. It shall not be lawful to catch or kill 
by any means whatever, any rock bass or any wall- 
eyed pike, otherwise called Susquehanna salmo^ (spe- 
cies recently introduced into the river Delaware), 
within two years from the passage of this act, under 
a penalty of ten dollars for every fish caught or had 
in possession. 



GAME, FISH, AND FORESTRY LAWS. 155 

Section 6. No person shall, by any means or de- Black Bass, 

vice whatsoever catch, or kill in the Delaware river etc., not to' 

any black bass, rock bass or wall-eyed pike, commonly ^e caught 

known as Susquehanna salmon, between the first day j|nunr'^' i t 

of January and the thirtieth day of May in any year, and kiiy 

nor shall catch or kill any of said species of fish at 30th. 

any other time during the year save with rod, hook And at no 

and line. Any violation of this section shall subject time save 

the offender to a penalty of ten dollars for each fish with hook 

so caught. ^^^ ^^"^- 

Section 7. No person shall catch or kill in the giack bass 
Delaware river, any black bass or wall-eyed pike under 6 
under six inches in length, or any rock bass under inches in 
five inches in length, under a penalty of ten dollars i^^ngth and 
for every fish so caught. But should any fish be pj^g under- 
taken of a less size than the above, or should any 5 inches in 
wall-eyed pike or rock bass of any size be taken length not 
within two years from the passage of this act, it shall *« t»e caught 
be the duty of anyone taking or capturing the same p caught to 
to return the fish immediately to the water from ^^ waVer"^^ 
whence taken. Any violation of the law shall sub- 
ject the offender to a penalty of ten dollars for each Penalty. 
and every fish so caught. 

Section 8. Nothing in this act shall be so construed Catching fish 

as to prevent the catching of bait fish, other than for certain 

game fish, by means of hand or cast nets for angling ^H^p*^^^^ 

or scientific purposes, or the catching of game fish ^"fwabie. 
by order of any member of the State Fish Commission 
of any State having jurisdiction in the Delaware river 
for the purpose of stocking other waters. 

Section 9. Any fish commissioner, fish warden. Duties of 

deputy warden, sheriff, deputy sheriff, constable, po- fish Avardens 

liceman, or any special ofl!icer of this Commonwealth, ^5!^ other 

is hereby authorized to destroy any fish-basket, eel- ^ ^^'^' 
weir, fyke net, shore-net, drift-net, dip-net, wing wall 
or wing walls, or any illegal device named in any 
section of this act, and they are hereby authorized to 
arrest forthwith any person placing, erecting, using 

or fastening them. Any person or persons interfering Penalty for 

with any of the above oflficers in the discharge of en^*e^w"th 

their duties or resisting arrest, shall pay a fine of officers!' 
one hundred dollars or l3e imprisoned three months in 
the county jail, or shall be subject to both penalties 
at the discretion of the magistrate or court before 
which he or they shall be convicted. 



156 GAME, FISH, AND FORESTRY LAWS. 

Officors ;iu- Section 10. Any fish commissioner, fish warden, 

thorized to deputy fish AA'arden, sheriff, deputy sheriff, constable, 
make ar- policemen, or special officers of this Commonwealth, 

^■^^ts. is hereby authorized to apprehend, arrest and imme- 

diately take any person who may be guilty of the vio- 
lation of any of the provisions or sections of this act 
Heaiiiia he- before any justice of the peace, magistrate or any 
of'^hp'^'pe^ict '^^^^^ legally constituted authority, and thereupon 
make charge of such violation of the law or any of 
the provisions thereof, and the magistrate shall forth- 
with hear and determine the charge and render judg- 
ment accordingly, with the right of certiorari or ap- 
Appoal. peal as in all similar cases of arrest and conviction, 

and in case of any failure of anv fish commissioner, 
warden or any other officer named above to jjrove his 
case the county in which it is h«^ard shall pay the 
<'««ts. costs. 

Appii<jiti.in Section 11. The fines imposed under any section 

of tiiios re- of this act shall be paid to the Treasurer of the county 
oovtrod. in which the prosecution shall be made and the said 

Treasurer of the sevc^ral counties of the State shall 
pay over to the Commissioners of Fisheries all moneys 
forfeited and reco\ered by them by virtue of this act, 
and the said Commissioners shall pay over the same 
to the Treasurer of the State, 
'^'f"'"'- Section 12. All sections, provisos or acts incon- 

sistent with this act are hereby repealed. 

Approved TIh> 2L*nd day of May. A. D. ]SS9. 

.I.XMES A. r.EAVFJt. 



(J A ME, FISH, AND FORESTRY LAWS. 



157 



A SUPPLEMENT 



To ail art, entitled "An act to amend 
the several acts relating to game 
proved May first, Anno Domini 
hnndred and seventy-three, to 



and consolidate 

me and fish," ap- 

one thousand eight 

require all persons 



May 8, 

r. L. 



1876 
104. 



engaged in any of the manufacturing interests of 
this State, accustomed to the washing of iron and 
other ores, and of coal preparatory to its use for 
coking, and engaged in the business of tanning, to 
prepare a tank or other suitable receptacle into 
which the sediment, culm or coal dust, the offal, 
refuse and the tan bark and liquor therefrom used 
in tanning, so far as is ])racticable may be pre- 
* vented from passing into or upon any of the rivers, 
lakes, ponds or streams of this Commonwealth. 

Section 1. Be it enacted, &s.. That section seven- 
teen of the act aforesaid be and the same is hereby 
amended so that the same shall read as follows, 
namely : That all persons engaged in any of the 
manufacturing interests of this State, accustomed to 
the washing of iron and other ores, and of coal pre- 
paratory to its use for coking, or in the tanning of 
hides by a process in which vitriol is used, shall pre- 
pare a tank or other suitable receptacle into which 
the culm or coal dirt, the offal, refuse and the tan 
bark and the liquor, or the water therefrom, may 
be collected so that the sediment therefrom so far as 
is practicable, may be thereby prevented from passing 
into or upon any of the rivers, lakes, ponds or streams 
of the Commonwealth, under a penalty of fifty dollars 
for each offense, in addition to liability for all dam- 
ages he or they may have done to any individual 
owners or lessees on such waters. 

Section 2. Whenever any constable or other officer 
making complaint in good faith of the violation of 
any of the provisions of this act, shall fail to recover 
the penalty or penalties mentioned in the seventeenth 
section of the aCt to which this is a supplement, in 
any prosecution or suit commenced by such constable 
or other officer, pursuant to the foregoing section of 
this or the act to which this is a supplement, the 
costs of suit recovered by him or them shall be a 
charge upon the proper county and shall be allowed 



Manufactur- 
ers to pre- 
pare tank, 
for reception 
of coal dirt 
etc. 



Penalty. 



When consta- 
bles' costs to 
be charged 
upon county. 



158 



GAME, FISH, AND FORESTRY LAWS. 



When costs 
to abide 
event of suit 



Repeal. 



as other county charges are audited and allowed ; 
and whenever the plaintiff or prosecutor is a private 
citizen, the costs shall abide the event of the suit 
or prosecution, and be paid as in other cases, and 
that section thirty-three of the act of first of May, 
Anno Domini one thousand eight hundred and seventy- 
three, be and the same is hereby repealed. 

Approved— The 8th day of May, A. D. 1876. 

J. F. HARTRANFT. 



AN ACT 

Relative to the appointment of police for corporations 
PL 88 organized under the laws of this Commonwealth, 

for the preservation and propagation of fish. ' 



Fish corpora- 
tions have 
special po- 
lice. 



Governor to 
appoint. 



Police to 
take oath. 



Powers of 
police. 



Section 1. Be it enacted, »S:c., That any corpora- 
tion organized under the laws of this Commonwealth 
for the preservation and propagation of fish in this 
Commonwealth, may apply to the Governor to com- 
mission such person as the said corporation may desig- 
nate, to act as policemen for the protection of the 
property of such corporation. 

Section 2. The Governor, upon such application, 
may appoint such persons, or so many of them as 
he may deem nroner, to be such policemen, and shall 
issue to such person or persons so appointed a com- 
mission to act as such policemen. 

Section 3. Every policeman so appointed shall, 
before entering upon the duties of his office, take and 
subscribe the oath required by the eighth article of 
the Constitution, before the recorder of the county in 
which the property of said corporation may be situ- 
ated, which oath, after being duly recorded by such 
recorder, shall be filed in the office of the Secretary 
of State, and a certified copy of such oath, made by 
the recorder of the county, shall be recorded with 
the commission in the county in which the property 
of such corporation, for which such policeman is 
appointed, may be situated, and in which it is in- 
tended said policeman shall act ; and such policemen 
so appointed shall severally possess and exercise all 
the powers of policemen in the county in which they 
shall be so authorized to act as aforesaid, and the 
keepers of .iails and lock-ups or station houses in 



GAME, FISH, AND FORESTRY LAWS. 



159 



said county are required to receive all persons ar- 
rested by such policeman for the commission of any 
offense against the laws of this Commonwealth upon 
the premises of any such corporation, to be dealt 
with according to law. 

Section 4. Such corporation police shall, when on To wear 
duty, severally wear a metallic shield with the word shield, 
"police" and the name of the corporation for which 
appointed inscribed thereon, and said shield shall 
always be worn in plain view, except when employed 
as detectives. 

Section 5. The compensation of such police shall compensa- 
be paid by the corporation for which the policemen tion. 
are respectively appointed, as may be agreed upon be- 
tween them. 

Sectoin 6. Whenever any corporation shall no ^;y^^^,^ g^j.. 
longer require the services of any policemen as afore- yjees ao 
said, they may file a note to that effect under their longer re- 
corporate seal, attested by their secretary, in the quired, 
office where the commission of such policemen has 
been recorded, which shall be noted by the recorder 
upon the margin of the record where such commis- 
sion is recorded, and thereupon the power of such 
policemen shall cease and be determined. 

Approved— The 10th day of June, A. D. 1881. 

HENRY M. HOYT. 



AN ACT 

To establish a Department of Fisheries, to provide April 2, 

for its proper administration, and to provide for 1903, p. l. 

the protection and propagation of fish by the De- 128. 
partment of Fisheries. 

Section 1. Be it enacted, &c., That there be, and Department 
is hereby established a Department of Fisheries, to of Fisheries, 
consist of a Commissioner of Fisheries and four other 
citizens of the Commonwealth, who together shall 
constitute the Fisheries Commission, each of whom 
shall be appointed and commissioned by the Governor, 
by and with the consent of the Senate, the Commis- Fisheries 
sioner of Fisheries, for a term of four years, two of Commission. 
the said citizens for a term of two years, and two Terms, 
of said citizens for a term of four years, and there- 
after all appointments shall be made by the Governor, 



) 



160 



GAME, FISH, AND FORESTRY LAWS. 



Oath of 
office. 



Powers. 



The Com - 
missioner to 
be president, 
executive 
officer and 
chief super- 
intendent. 



Duties of 

Fisheries 
Commission. 



Powers. 



Salary of 
Commis- 
sioner of 
Fisheries. 



by and Avith the advice and consent of the Senate, for 
a term of four years. The persons so appointed, be- 
fore entering upon the discharge of their duties shall 
each take and subscribe to the oath of office pre- 
scribed by article seven of tlie Constitution of Penn- 
sylvania. The Commissioner of Fisheries, and the 
Fisheries Commission, so ap])ointed, shall he clothed 
with all powers heretofore conferred by law, re- 
spectivelj', upon the Board of Fish Commissioners, so 
far as the same are consistent with the provisions of- 
this act. 

Section 2. The Commissioner of Fisheries shall be 
tlie President and executive officer of the Fisheries 
Commission, and shall also be chief superintendent 
of all hatching-stations and fish-cultural establish- 
ments belonging to the State ; and he shall have full 
control and management of all such establishments, 
now existing or which may hereafter be establishel ; 
and he shall have full control, direction and manage- 
ment of all fish-wardens or w^ater-baililfs ; and he shall 
assume full charge of the work of the enforcement 
<tf the laws relating to the i^rotection, propagation and 
distribution of fish and alN fish-wardens, constables, 
police, sheriffs, and guardians of the peace, shall make 
prompt report to him of all cases of violation of the 
laws relating to fish. 

Section 3. It shall be the duty of the Fisheries 
Commission to encourage and promote the develop- 
ment of the fishery interests of the State, and to 
obtain and puolish information respecting the extent 
and condition of the fisheries of the Commonwealth, 
and to make all rules and regulations for the enforce- 
ment of all laws designed for the protection, extension 
and propagation of fish ; and it is empowered to em- 
ploy such legal and other service as may be necessary 
for the protection of fish, and for the apprehension 
and punishment of persons who may violate any of 
the laws relating to fish, or any of the rules and 
regulations which, under the powers herein given, 
may be adopted by the said Commission. 

Section 4. The Commissioner of Fisheries shall re- 
ceive a salary of three thousand dollars per annum, 
payable quarterly, by warrant drawn by the Auditor 
Generial on the State Treasurer, and in addition 
thereto shall be reimbursed for all necessary expenses 
of travel which may be incurred in the discharge 
of the duties of his office: and the other members of 
the Commission shall serve without salary, but shall 



GAME, FISH, AND FORESTRY LAWS. 



161 



O trice. 



be reimbursed for all necessary expenses incurred by 
them in the performance of the duties of their office. 

Section 5. The Fisheries Commission shall have 
an office in the State Capitol, and it shall be the duty 
of the Board of Commissioners of Public Grounds 
and Buildings to provide, from time to time, the 
necessary rooms, furniture, apparatus and supplies for 
the use of the Department of Fisheries, created under 
the provisions of this act. 

Section 6. The Commissioner of Fisheries shall Clerk. 
have the power to employ one clerk, at a salary of 
twelve hundred dollars per annum ; one stenographer, Stenogra- 
at a salary of six Iiundred dollars per annum ; said P*^^^'- 
salaries to be paid mon.thly, by warrants drav\^n by 
the Auditor General on the State Treasurer. 

Section 7. This act shall take effect on and after 
the first Monday of June, one thousand nine hundred 
and three. 

Section 8. That all acts or parts of acts inconsist- Repeal. 
ent with the provisions of this act be and the same 
are hereby repealed. 

Approved— The 2nd day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



AN ACT 

To encourage tlie pi-o])agation of fish, and to regulate 
the catching, taking, and destruction of fish, in the 
Delaware River below Trenton Falls, within the 
jurisdiction respectively of the Commonwealth of 
Pennsylvania and the State of New Jersey ; and 
providing penalties for violation of its provisions, 
and to repeal acts inconsistent therewith. 

Whereas, By virtue of a joint resolution of tho 
Commonwealth of Pennsylvania, approved the eighth 
day of May, ^^^nno Domini nineteen hundred and 
seven, entitled "A joint resolution providing for the 
creation of a commission to co-operate with the au- 
thorities of the States of New Jersey, New York, and 
Delaware in regard to the propagation, protection, 
and catching of sturgeon, shad, bass, perch, and 
other fish in the Delaware River ; the adoption of con- 



1909, 
P. L. 



Mav 
309. 



Whereas. 



11 



162 



GAME, PISH, AND FORESTRY LAWS. 



Whereas. 



Whereas. 



Whereas. 



current laws relevant thereto by such States ; and to 
co-operate with the authorities of the State of Mary- 
land in regard to fish and fishing in the Susquehanna 
River, and the adoption of concurrent laws relevant 
thereto by such States ; and to inquire in relation to 
the pollution of waters of said rivers, and recom- 
mend legislation regulating and controlling the same ; 
and making an appropriation for those purposes," 
the following were appointed Commissioners on the 
part of the Commonwealth of Pennsylvania : Prom 
the Senate, Frederick A. Godcharles, Webster Grim, 
and Algernon B. Roberts : from the House of Repre- 
sentatives, Hiram J. Sedwick, Alfred Marvin, and 
Joseph N. Hunter ; by Governor Edwin S. Stuart, 
Henry P. Walton ; and by the terms of the joint reso- 
lution, the Commissioner of Fisheries, W. E. Meehan, 
and Frank B. McClain. Speaker of the House ; and 

W^hereas, By joint resolution passed by the Legis- 
lature of the State of New Jersey, approved March 
twenty-fifth, Anno Domini one thousand nine hun- 
dred and eight, entitled "Joint Resolution providing 
for the creation of a commission to co-operate with the 
authorities of the States of Pennsylvania and New 
York in regard to the propagation, protection, and 
catching of fish in the Delaware River ; and to in- 
quire into any cause of pollution of the waters of said 
river ; and to recommend legislation in regard to such 
propagation, protection, and catching of fish in the 
Delaware River, and to obviate the pollution there- 
of," the following were appointed to represent the 
State of New Jersey : Prom the Senate, Edmund W. 
Wakelee and Joseph S. Prelinghuysen ; from the As- 
sembly, Austin Colgate, Oliver C. Holcombe. and 
Henry D. Thompson ; by the Governor. John Frank- 
lin Fort, Doctor Henry Van Dyke ; and by the terms 
of the resolution, President of the Fish and Game 
Commission, B. C. Kuser, President of the Senate, 
Thomas J. Hillery, and Frank B, Jess, Speaker of the 
House of Assembly ; and 

Whereas. The commissions of the said Common- 
wealth of Pennsylvania and the State of New Jersey 
have been duly organized as provided and required by 
law ; and 

Whereas, The said Commissioners of the said Com- 
monwealth of Pennsylvania and of the said State of 
New Jersey,, in joint meeting held for that purpose, 
have agreed upon uniform laws to provide an act 
providing uniform laws to encourage the propagation 



GAME, FISH, AND FORESTRY LAWS. 163 

of fish, and to reflate the catching, taking, and 
destruction of fish in the Delaware River below Tren- 
ton Falls, within the concurrent jurisdiction of the 
Commonwealth of Pennsylvania and the State of New 
Jersey, and providing penalties for violation of its 
provisions ; therefore, — 

Section 1. Be it enacted, «S:c.. That the provisions Delaware 
of this act shall affect and apply only to the propa- River below 
gation, catching, taking, and protection and destruc- ^^^"*<'** 
tion, of fish in the waters of the Delaware River be- ^^"s. 
low Trenton Falls, lying between the Commonwealth 
of Pennsylvania and the State of New Jersey. 

Section 2. The inhabitants of the Commonwealth Right of 
of Pennsylvania and of the State of New Jersey shall fishery, 
have and enjoy a common right of fishery throughout 
in, and over the waters of said river, between low 
water mark on each side of said river ; between said 
States, below Trenton Falls, except so far as either 
State may have heretofore granted valid and subsist- 
ing private right of fishery. t 

Section 3. For the purposes of this act, the fol- Game fish, 
lowing fish shall be designated as game fish to wit, 
black bass, or small-mouth bass ; large-mouth bass, 
otherwise called Oswego, or yellow bass, strawberry 
or calico bass ; rock bass, otherwise known as red-eye 
or goggle-eye ; white bass, crappie ; pike-perch, other- 
wise called wall-eyed pike ; pike, or Susquehanna sal- 
mon ; pike, pickerel, white perch, yellow perch ; charr, 
commonly called brook or speckled trout; or any 
form of trout. The following shall be called bait fish ; Bait fish, 
to wit, all species of minnows, killifishes, and stone 
catfish. All other species of varieties of fish, what- Food fish, 
soever, shall be termed food fish. 

Section 4. It shall be unlawful to catch or fish Lawful man- 
for any game fish, in any part of the Delaware River f^^ ^^^ ^t^t 
bolow Trenton Falls, with any device, or by any flsh. " 
means or method whatsoever, excepting with rods and 
lines or handlines, commonly called dipsey or throw- 
lines, each having not more than three hooks ; or with 
trolling lines, with spoon or artificial bait, having not 
more than one burr of three single hooks attached ; 
the number of rods and lines, or the number of 
trolling lines, not to exceed two of one or the other 
device named, and said lines must be under the direct 
and immediate supervision of the custodian thereof. 
Any person violating any provisions of this section ^i^®- 
shall ,on conviction thereof, be subject to a fine of 
twenty dollars. 



164 



GAME, PISH, AND FORESTRY LAWS. 



> 



Lawful man- 
ner of fish- 
ing for bait 
fish. 



Fine. 



Lawful man- 
ner of fish- 
ing for food 
flsb. 



Fine. 



Sturgeon. 



Seine or 
nets. 



Section 5. It shall bo unlawful to fisli for bait 
fish, iu the Delaware RiAcr below Trenton Falls, 
except with the following devices : to wit, rods and 
lines and hand lines with not more than three hooks 
attached ; a minnow seine not more than one hundred 
feet in length : a dip net. not more than fi\e feet 
siiuVire ; a minnow trap, the opening of which shall 
not be more than one and one-quarter inches in di- 
ameter ; a scoop net, with a single handle, and with 
a diameter of net of not more than two feet. Any 
person who uses any other device, method, or means 
for catching bait fish, or of a greater length or di- 
ameter of nets specified in this section, shall on con- 
viction thereof, be subject to a fine of twenty dollars. 

Section 6. It shall be unlawful to fish for food 
fish, in the Delaware River, beloAv Trenton Falls, 
with any device, method, or means, excepting by the 
following devices, and und(>r regulations and restric- 
tions hereinafter described ; to wit, a seine, a gill net ; 
an eel pot, a fyke net, each M'ithout wings ; a parallel 
net, or net set at the edge of low water ; and rods 
and lines, or hand-lines, otherwise known as dipsey 
or throw lines, each having not more than three hooks. 
Any person who shall use or employ any method or 
device for catching food fish, other than those named 
in this section, or shall use or employ any device 
named in this section contrary to the regulations or 
restrictions hereinafter mentioned, shall be subject to 
a fine of twent-^ dollars. 

Section 7. As amended by the act of June 3, 1911, 
P. L. 629. 

Section 7. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, stur- 
geon from the Delaware River below Trenton Falls, 
with any device excepting a seine or gill net, the 
meshes of which shall not be less than thirteen inches 



stretched measure while being fished 



or to catch and 
any other food 
the meshes of 
one-half inches 



or any gill net 



Other food 
fish. 



take, or attempt to catch and take, 
fish from said waters, with a seine 
which shall be less than two and 
stretched measure while being fished, 
the meshes of which shall be less than five and one- 
quarter inches stretched measure while being fished : 
Provided. That gill nets, with a mesh not smaller 
than three inches, may be used from March first to 
June tenth, in each year, for the purpose of taking 
herring only. It shall also be unlawful for any per- 
son to catch and take, or attempt to catch and take, 



GAME, FISH, AND FORESTRY LAWS. 



166 



any food fish, except sturgeon, by means of a seine 
or gill net, between the tenth day of June, in each 
and every year, and the first day of March next en- 
suing. Any person who shall violate any of the pro- 
visions of this section shall, on conviction thereof, be 
subject to a fine of one hundred dollars, together with 
a forfeiture of all nets, boats, and appliances used. 
A similar act was passed by New Jersey and signed 
by the Governor, April 15. 1911. 

Section 8. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, fish of 
any kind from the Delaware River below Trenton 
Falls, with a net of any character which is anchored 
or staked or fastened down in any measure. Nor 
shall any net of any kind or character, excepting a 
drifting gill not, an eel not, a fyke net, each without 
wings, or a parallel not for the capture of carp only, 
be used for the purpose of catching and taking fish 
in said M^aters. within one-qviarter of a mile above 
or below the mouth of any river, creek, or stream 
(Mnptying into said Delaware River below Trenton 
River. Any person who shall violate any of the pro- 
visions of this section shall, on conviction thereof, be 
subject to a fine of twenty dollars, with the forfeiture 
of nets, boats, and other appliances used. 

Section 9. As amended by the act of May 11, 1911, 
P. L. 270. 

Section 9. It shall be unlawful for any person 
to catch and take, or attem])t to catch and take, fish 
of any kind or description from the Delaware River 
below Trenton Falls, by means of net, or to use a 
net of any character in the waters aforesaid, between 
Saturday at two post meridian, and twelve o'clock, 
nudnight, Sunday night, in each week. Any person 
violating any of the provisions of this section shall, 
on conviction thereof, be subject to a fine of one hun- 
dred dollars, together with a forfeiture of all nets, 
boats, and other appliances used. 

This act shall take effect immediately, but shall not 
bo considered as valid or operative until a similar act 
has been enacted by the State of New Jersey. A simi- 
ar act was passed by New Jersey, March 21, 1911. 

Soo'tion 10. It shall be lawful to catch food fish, 
with rods and lines and hand-lines and trolling-lines, 
as descrbied in section four of this act, at any time 
in the year, in the Delaware River below Trenton 
Falls : but it shall be unlawful to fish for and take 
game fish, excepting from the fifteenth day of June 



Close sea- 
son. 

Fine and 
forfeiture. 



Anchored 
net pro- 
hibited. 

Lawf\il de- 
vices. 



Tributaries. 



Fine and 
forfeiture. 



Sunday fish- 
ing with 
nets, pro- 
hibited. 



Food flBh. 



Open season. 



166 



GAME, FISH, AND FORESTRY LAWS. 



Open season 
for game 
fish. 

Fine. 

Eel pots and 
fyke nets. 

Close 
season. 



Open season 
for carp, 
catfish, eels 
and suckers. 

ProTiso. 



Fine and 
forfeiture. 



Parallel net. 

Close season. 
Carp only. 

Proviso. 
ProTiso. 

ProTlso. 



Fine and 
forfeiture. 



to the first day of December, inclusive, in each year. 
Any person violating any of the provisions of this 
section shall, on conviction thereof, be subject to a 
fine of ten dollars for each and every fish so taken. 

Section 11, It shall be unlawful to use eel pots 
and fyke nets, each without wings, in the Delaware 
River below Trenton Fnlls, from June first to July 
thirty-first in each year, both dates inclusive; but it 
shall be lawful to use eel pots and fyke nets, each 
without wings, from July first to May thirty-first, 
both dates inclusive, in each year, for the purposes 
of catching carp, catfish, eels, and suckers only. All 
other species of fish which may be caught in said nets 
must be returned unharmed immediately to the waters 
from which taken : Provided, That the entrance of 
said eel pot and fyke net shall not be more than six 
inches in diameter, and the outside diameter not more 
than thirty inches. Any person violating any of the 
provisions of this section shall, on conviction thereof, 
be subject to a fine of twenty dollars, together with a 
forfeiture of all nets, boats, and other appliances used. 

Section 12. As amended by the act of June 3, 1911, 
P. L. 629. 

Section 12, It shall be unlawful to use a parallel 
net, otherwise a net set approximately parallel with 
the shore, in the DolaM-are River and Bay, laying 
between the States of New Jersey and Pennsylvania, 
below Trenton Falls, and at low-water mark, between 
the first day of June and the thirty-first day of Au- 
gust, in each year ; and it shall be lawful to use such 
parallel net from the first day of September to the 
thirty-first day of May, inclusive, next ensuing, in 
each year, for the purpose of taking carp only : Pro- 
vided, That the meshes of said net be not less than 
three and one-half inches stretched measure when be- 
ing fished : Provided, That seines not smaller than two 
and one-half inch mesh may be used from September 
first to May thirty-first, of each year, for the purpose 
of taking carp and suckers only : And provided fur- 
ther, That no such net shall be set in such manner 
as to impede navigation. All other fish than carp and 
suckers must be returned unharmed to the water 
beyond the low-water mark. Any person violating 
any of the provisions of this section shall, on con- 
viction thereof, be subject to a fine of one hundred 
dollars, together with a forfeiture of all nets, and other 
appliances used. 



GAME, FISH, AND FORESTRY LAWS. 



167 



This aet shall take effect immediately, but shall 
not be considered as valid or operative until a similar 
act has b^en enacted by the State of New Jersey. A 
similar act was passed by the State of New Jersey, 
March 21. 1911. 

Section 18. It shall be unlawful for any person to Length and 
catch and take, or to attempt to catch and take, from ^3^1^^^^^?^ 
the DelaAvare River below Trenton Falls, in any man- ^^y. ^^ 
npr wliatsoover, any striped bass, otherwise known as taken, 
rock fish, wei/?hing more than twenty pounds or meas- 
uring less than ten inches in length ; or any sturgeon, 
loss than five feet in length ; or any black bass, or 
any small-mouth bass, large-mouth bass, otherwise 
known as Oswego or yellow bass less than nine inches 
in longth ; or any pike or pickerel, or any pike-perch, 
otherwise known as wall-eyed pike or Susquehanna 
salmon, less than twelve inches in length ; or any 
calico or strawberry bass, crappie, white bass, rock 
bass, otherwise known as red-eye or goggle-eye, or 
trout, or charr, less than six inches in length. Any 
fish of a less length than those described, or any 
striped bass, commonly called rock fish, weighing more 
than twentv pounds, which may be caught must be 
returned immediately to the water: Provided, That rroviso. 
notliing in this section shall be so construed as to pre- 
vent thp fishery authorities of the Commonwealth of Fishing: au- 
Pennsvlvania or of the State of N w Jersey captur- thoritics. 
ing fish of anv size, from said waters, or at any time 
of the year, or in any manner, for propagation pur- 
poses and for stocking other waters in their respective 
State.!, through their representatives. Any person who Fine, 
shall violate any of the provisions of this section shall, 
o"h conviction thereof, be subject to a fine of ten dol- 
lars for each and every fish so caught and had in 
I»ossfSsion. 

Section 14. It shall be unlawful for any porson, Boats, an- 
bv boat, anchor, dredge, or otherwise, in the Delaware chore, and 
River bolow Trenton Falls, to wilfully, and without dredges, 
reasonable causo. interfere with, break, damage, or 
destroy anv drifting gill net or hauling seine, or nets 
of anv description, being lawfully used; and it shall 
be unlawful for anv person to drift a gill net over 
the waters of a shore fishery while the hauling seine 
is being used. Any person violating any of the pro- 
visions of this section shall on conviction thereof, be 
subject to a fine of twenty dollars. 



Unlawful 
use of 



Fine. 



168 



GAME, FISH, AND FORESTRY LAWS. 



Explosives, 
or poisons. 



Dfleterious 
or destruc- 
tive sub- 
stances. 



Pollution 
of waters. 



Fine. 

Unlawful, 
sale, offer, 
or posses- 
sion. 



Fine. 



Concurrent 
jurisdiction. 



Arrests. 



bait, for the pur- 
injnriug the fish ; 
gas tar. coal oil, 
(otherwise known 



this 
to a 

sell, 
dead 



Section 15. It shall be unlawful for any person to 
put or place in the Delaware River below Trenton 
Falls any explosive or poisonous substances what- 
soever, or any drug, or any poison 
post of catching, taking, killing ,or 
or to allow any dye-stuff, coal or 
sawdust, tan-bark, cocculus indicus 
as fish berries), lime, vitriol, or any of the compounds 
thereof, refuse from gas-houses, oil-tanks or vessels, 
or any deleterious destructive, or poisonous substances 
of any kind or character, to be turned into, or allowed 
to run, flow wash, or be emptied into, any of the 
waters aforesaid, unless it is shown that every prac- 
ticable means have been used to prevent the pollution 
of waters in question by the escape of deleterious 
substances. In case of the pollution of waters by sub- 
.stauces known to be injurious to fishes or to fish food, 
it shall not be necessary to prove that such substances 
have actually caused the death of any particular fisli. 
Any person violating any of the provisions of 
section shall on conviction thereof, be subject 
fine of two hundred dollars. 

Section 16. It shall be unlawful to purchase, 
or offer for sale, or have in possession, any fresh 
game fish or food fish, except during the lawful period 
for catching the same, and the space of six days after 
such period has expired. Any person violating any of 
the provisions of this section shall, on conviction 
thereof, be subiect to a fine of ten dollars for each 
fish. 

Section 17. The Commonwealth of Pennsylvania 
and the State of New Jersey shall have concurrent 
jurisdiction over all offenses and violations of this act, 
committed or attempted to be committed by any per- 
son or persons fishing in the Delaware River below 
Trenton Falls, within the jurisdiction respectively of 
the said Commonwealth of Pennsylvania and the State 
of New Jersey. Any fish warden, or any pei'son in 
either State authorized to make arrests for violations 
of the fish laws shall have power and authority to 
make arrests in any part of the river, or shores 
thereof, and take such person or persons for trial to 
the State in which the offense was committed, and 
proceed against the offender according to the legal 
procedure for violation of tlie fish laws of said State. 
If the arrest be made upon the shore of the said Dela- 
ware River, within this Commonwealth, the said per- 
son or persons shall be taken before any juctice of the 



GAME, FISH, AND FORESTRY LA^^'S. 



169 



peace, alderman, magistrate, or other legally con- 
stituted authority in the county in which the'^arrest 
was made, and thereupon make charge of such viola- 
tion of the law, or any provision thereof; and the 
justice of the peace, alderman, or other legally con- 
stituted authority, shall forthwith hear and determine 
the guilt or innocence of the person or persons so 
charged, and, if convicted upon such charge, shall be 
sentenced by said justice, alderman, or magistrate, 
severally, to pay the fine or fines, penalty or penal- 
act for such violations, together 
said fines to be paid over forth-* 
of the county in which the pro- 
and said county treasurer to pay 
sum forthwith to the Commissioner of Fisli- 
the benefit of the Commonwealth : Provided. 



ties, provided in this 
with the cost of suit 
with to the treasurer 
secution was brought. 
over the 
eries for 



That m case the defendant or defendants shall neg- 
lect to pay. at once, the fine or fines so imposed, said 
defendant or defendants shall forthwith be s<nitenced 
to undergo imprisonment, in the county jail of the 
county where such conviction takes place, for a period 
of one day for each dollar of fine so imposed and 
unpaid, unless the defendant or defendants, upon con- 
viction, shall give notice of intention to appeal, when 
such defendant or defendants shall be permitted to 
enter into good and sufficient recognizance to appear 
before such justice, alderman, or magistrate, on or 
before the expiration of five days, if such appeal is 
not taken by them, or on the final determination of 
such appeal if it be not sustained, for execution of 
sentence: Provided also, That all actions for any 
violation of any of the provisions of this act must 
be taken within one year from the time the offense 
was committed. In case any fish warden, or any per- 
son authorized to make arrests for violation of the fish 
laws, fails to prove his case, and the defendant or de- 
fendants are discharged or in case the defendant or 
defendants are convicted, and sent to jail, in lieu of 
the payment of fine or fines, penalty or penalties, the 
county in which the case is heard shall pay the costs. 
Such arrests shall also be made on Sunday, in which 
case the person or persons shall be taken before the 
proper oflicer and proceeded against on a week day 
following the arrest. 

Section 18, Any person or persons who shall bv 
threat, menace, or force, or in any manner, attempt 
to deter or prevent any fish warden, or other person 
authorized to make arrests for violation of the fish 



( 'luiru'e. 



Proviso. 



Appeal. 
Bail. 



Proviso. 



Sunday 
arrests. 



Interference 
Avith officers 



170 



GAME, FISH, AND FORESTRY LAWS. 



Fines. 
Kepeals. 



Act of May 

22, 1889. 



Act of May 
22, 1889, 
part of. 



Act Of May 
12, 1901. 



Act of Jmie 
25, lS9o. 

When act 
shall go 
into effect. 

Proviso. 



laws, in either State from enforcing or carrying into 
effect any provisions of this act, or who shall resist 
arrest, or the seizure of boats or nets illegally used, 
shall, on conviction thereof, be subject to a fine of 
one hundred dollars. 

Section 19. The following acts and parts of acts 
are intended to be supplied by this act, and the same 
are hereby repealed ; also, all acts or parts of acts 
inconsistent with this act, be and the same are hereby 
repealed. 

1. An act for the protection of shad, sturgeon, and 
.game fish in the river Delaware, approved May twenty- 
second, eighteen hundred and eighty-nine. 

2. An act for the protection of shad and game fish 
in the State of Pennsylvania, approved May twenty- 
second, eighteen hundred and eighty-nine or so much 
tliereof as relates to the Delaware River below Tren- 
ton falls. 

3. An act for the protegtion of Penobscot salmon 
planted in the river Delaware, and providing penalties 
for the enforcement thereof, approved May twelfth, 
nineteen hundred and one. 

4. An act for the protection of sturgeon, approved 
June twenty-fifth, eighteen hundred and ninety-five. 

Section 20. This act shall take effect immediately ; 
but no section, proviso, or part of this act shr.ll be 
considered as valid and operative until a similar act 
has been enacted by the State of New Jersey : Pro- 
vided, That when the said State of New Jersey has 
enacted a similar act, the provisions of this act re- 
lating to the size of the meshes of nets shall not be- 
come operative until June second, nineteen hundred 
and nine. 

Approved— The 1st day of May, A. D. 1009. 

EDWIN S. STUART. 

An act similar to the foregoing was passed by the 
Legislature of New Jersey and signed by the Gover- 
nor of that State on April 1st, 1909. 

An act similar to the amended sections 9 and 12 
of this act was passed by the Legislature of New 
Jersey and signed by the Goveror upon the 21st day 
of March, 1911. 

And an act similar to amended section 7 of this 
act was passed by the Legislature of New Jersey and 
signed by the Governor upon the 15th day of April, 
1911. 

So that this act is binding in every particular upon 
the citizens of Pennsylvania. 



GAME, FISH, AND FORESTRY LAWS. 



171 



AN ACT 

To encourage the propagation of fish, and to regulate 1909, May 
the catching, taking and destruction of fish, in the p. l. 480. 
Delaware River above Tren ton Falls, within the 
jurisdiction respectively of the Commonwealth of 
Pennsylvania and of the State of New Jersey; and 
providing penalties for violation of its provisions, 
and to repeal acts inconsistent therewith. 

Whereas, By virtue of a joint resolution of the ^^-hereas 
Commonwealth of Pennsylvania, approved the eighth 
day of May, Anno Domini one thousand nint hun- 
dred and seven, entitled "A joint resolution providing 
for the creation of a commission to co-operate with 
the authorities of the State of New Jersey, New 
York, and Delaware in regard to the propagation, 
protection, and catching of sturgeon, shad, bass, 
perch, and other fish in the Delaware River ; the 
adoi)tion of concurrent laws relevant thereto by such 
States and to co-operate with the authorities of the 
State of Maryland in regard to fish and fishing in the 
Susquehanna River, and the adoption of concurrent 
laws relevant thereto by such States ; and to inquire 
in relation to the pollution of the waters of said riv- 
ers, and recommended legislation regulating and con- 
trolling the same ; and making an appropriation for 
those purposes," the following were appointed com- 
missioners on the part of the Commonwealth of Penn- 
sylvania: From the Senate, Frederick A. Godcharles, 
Webster Grim, and Algernon B. Roberts ; from the 
House of Representatives, Hiram J. Sedwick, Alfred 
Marvin, and Joseph N. Hunter ; by Governor Edwin 
S. Stuart, Henry F. Walton ; and by the terms of 
the joint resolution, the Commissioner of Fisheries, 
W. E. Meehan, and Prank B. McCIain, Speaker of the 
House ; and 

Whereas, By a joint resolution passed by the Leg- 
islature of the State of New Jersey, approved March 
twenty-fifth, Anno Domini one thousand nine hundred 
and eight, entitled "Joint resolution providing for 
the creation of a commission to co-operate with the 
authorities of the States of Pennsylvania and New 
York in regard to the propagation, protection, and 



Whereas. 



172 



GAME, FISH, AND FORESTRY LAWS. 



Whereag. 



Whereas. 



Delaware 
RiTcr above 
Trenton 
Falls. 



Right of 
fishery. 



catcliing of fish in the Delaware River ; and to in- 
quire into any causes of pollution of the waters of 
said river and to reconimond legislation in regard 
to such propagation, protection, ai '1 catching of fish 
in the Delaware River, and to ob\iate the pollution 
thereof," the following were appointed to represent 
the State of New Jersey : Fi-nni the Senate, Edmund 
W. Wakelee and Joseph S. Frelinghuysen ; from the 
Assembly, Austin Colgate, Oliver C. Holcombe. and 
Henry D. Thompson ; by the Governor, John Frank- 
lin Fort, Doctor Henry Van Dyke ; and by the 
terms of the resolution, President of the Fish and 
Game Commission, B. C. Kuser, President of the 
Senate. Thomas J. Hillery. and Frank B. Jess, Speak- 
er of the House of Assembly ; and 

Whereas, The Commission of the said Common- 
wealth of Pennsylvania and the State of New Jersey 
have been duly organized, as provided and required 
by law ; and 

Whereas, The said Commissioners of the said Com- 
monwealth of Pennsylvania and the said State of 
New Jersey, in joint meeting held for that puri^ose, 
have agreed upon uniform laws to provide an act 
providing uniform laws to encourage the propagation 
of fish, and to regulate the catching, taking, and de- 
struction of fish, in the Delaware River above Tren- 
ton Falls, within the concurrent jurisdiction of the 
Commonwealth of Pennsylvania and the State of 
New Jersey, and providing penalties for violation of 
its provisions ; therefore,^ — • 

Section 1. Be it enacted. &c.. That the provisions 
of this act shall effect and apply only to the pro- 
pagation, catching, taking, and protection and de- 
struction, of fish in the waters of the Delaware 
River above Trenton Falls, lying between the Com- 
monwealth of Pennsylvania and the State of New 
Jersey. 

Section 2. The inhabitants of the Commonwealth 
of Pennsylvania and of the State of New Jersey shall 
have and enjoy a common right of fishery throughout, 
in, and over the waters of said river, between low- 
water mark on each side of said river, betwen said 
States, above Trenton Falls, except so far as either 
State may have heretofore granted valid and subsist- 
ing private right of fishery. 



GAME, FISH, AND FORESTRY LAWS. 



173 



Section 3. For the purpose of this act, the follow- 
ing tish shall be designated as game fish, to wit. 
Black bass, or small-mouth bass ; large-mouth bass, 
otherwise called Oswego, or yellow bass, strawberry, 
or calico bass ; rock bass, otherwise known as red-eye 
or g<»ggle-eye ; white bass, i^rappie ; pike-perch, other- 
wise called wall-eyed pike, Susquehanna salmon ; 
pike, pickerel, white perch, yellow perch ; charr, 
<H)nunonIy called brook or speckled trout; or any 
form of trout. The following shall be designated as 
bait fish ; to wit, All spices of minnows, killifishes, 
and stone catfish. All other species or varieties of 
fish, whatsoever, shal] be designated as food fish. 

Section 4. It shall be unlawful to catch or fish 
for any game fish, in any part of the Delaware 
River above Trenton Falls, with any device, or by 
any means or method whatsoever, excepting with 
rods and lines ; or hand-lines, commonly called dip- 
sey or throw-lines, each having not more than three 
hooks ; or with trolling-lines, with spoon or artificial 
bait, having not more than one burr of three single 
hooks attached. Tlie number of rods and lines, or 
the number of trollii'g-lines, not to exceed two of 
one or the other device named, and said lines must 
be under the direct and immediate supervision of the 
I)erson fishing therewith. Any person violating any 
provisions of this section shall, on conviction thereof, 
be subject to a fine of twenty dollars. 

Section 5. It shall be unlawful to fish for bait 
fisli, in the Delaware Ri\er above Trenton Falls, 
except with the following devices : to wit, rods and 
lines and hand lines, with not more than three hooks 
attached; a minnow seine, not more than one hun- 
dred feet in length ; a dip net, not more than five 
f(>et square ; a minnow trap, the opening of which 
shall not be more than one and one-quarter inches in 
diameter; a scoop net, with single handle, and with 
a di .-'.meter of net not morp than two feet. Any per- 
any other device, method, or means for 



Game fish. 



son wno uses 
catching bait 
section, shall, 
fine of twenty 
Section 6. 



fish, other than those 
on conviction thereof, 
dollars. 
It shall be unlawful 



specified in this 
be subject to a 



to fish for food 
fish, in the Delaware River above Trenton Falls, 
with any device, method, or means excepting by the 
following devices, and under regulations and re- 
st i-ietions hereinafter described ; to wit, a seine, an 



Bait fish. 
Food fish. 

Lawful man- 
ner of fishing 
for game 
fish. 



Fine. 



Lawful man- 
ner of fish- 
ing for bait 
fish. 



Fine. 

Lawful man- 
ner of fish- 
ing for food 
tish. 



174 



GAME, FISH, AND FORESTRY LAWS. 



Sturgeon. 



Seine. 



Other food 
fish. 

Close 
season. 



Fines and 
forfeitures. 

Anchored or 
staked net 
prohibited. 



Bel pots and 
fyke nets. 



Tributaries. 



Fines and 
forfeitures. 



eel pot, or a fyke net, each without wings ; and rod.s 
and lines, or hand-lines, otherwise known as dipsey 
or throw-lines, each having not more than three 
hooks. Any person who shall use or employ any 
method or device for catching food fish other than 
those named in this section, or shall use or employ 
any device named in this section contrary to the reg- 
ulations or restrictions hereinafter mentioned, shall 
be subject to a fine of twenty dollars. 

Section 7. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, stur- 
geon, from the Delaware River above Trenton Falls, 
with any device excepting a seine, the meshes of 
which shall not be less than thirteen inches stretched 
measure while being fished ; or to catch and take 
or attempt to catch and take, any other food fish 
from said waters with a seine the meshes of which 
shall be less than two and one-half inches stretched 
measure while being fished. It shall also be unlawful 
for any person to catch and take, or to attempt to 
catch and take, any food fish, except sturgeon, by 
means of a seine, betwen the tenth day of June, in 
each and every year, and the first day of March next 
ensuing. Any person who shall violate any of the 
provisions of this section shall, on conviction thereof, 
be subject to a fine of one hundred ($100) dollars, 
together with a forfeiture of all nets, boats and appli- 
ances used. 

Section 8. It shall be unlawful for any person to 
catch and take or attempt to catch and take, any 
fish of any Mnd, from the Delaware River " above 
Trenton Falls, with a net of any character, which 
is anchored or staked or fastened down in any man- 
ner, permanently or otherwise, or to use any net so 
anchored or fastened down, in any manner. Nor 
shall any net of any kind or character, excepting an 
eel pot, a fyke net, each without wings, be used for 
the purpose of catching and taking fish in said 
waters, within one-half mile above or below the 
mouth of any river, creek or stream emptying into 
said Delaware River above Trenton Falls. Any per- 
son who shall violate any of the provisions of this 
section shall, on conviction thereof, be subject to a 
fine of twenty ($20) dollars, together with the for- 
feiture of nets, boats, and other appliances used. 

Section 9. As amended by the act of June 3, 1911, 
P. L. 637. 



GAME, FISH, AND FORESTRY LAWS. 



175 



Section 9. It shall be unlawful for any person to 
catch and take, fish of any kind or description from 
the Delaware River above Trenton Falls, by means 
of a net, or to use a net of any character in the 
waters aforesaid between Saturday at two o'clock 
post meridian and twelve o'clock midnight Sunday 
night, in each week. Any person violating any of 
the provisions of this section shall, on conviction 
thereof, be subject to a fine of one hundred dollars, 
together with a forfeiture of all nets, boats, and other 
appliances used. 

This act shall take effect immediately, but shall 
not be considered as valid or operative until a similar 
act has been enacted by the State of New Jersey. 
A similar act passed by New Jersey, May 1, 1911. 

Section 10. It shall be lawful to catch food fish, 
with rods and lines, and hand-lines, and trolling- 
lines, as described in section four of this act, at 
any time of the year, in the Delaware River above 
Trenton Falls ; but it shall be unlawful to fish for 
and take game fish, excepting from the fifteenth day 
of June to the first day of December, inclusive, in 
each year. Any person violating any of the provis- 
ions of this section shall, on conviction thereof, be 
subject to a fine of ten ($10) dollars for each and 
every fish so taken. 

Section 11. It shall be unlawful to use eel pots 
and fyke nets, each without wings, in the Delaware 
River above Trenton Falls, from June first to July 
first in each year, both dates inclusive ; but it shall 
be lawful to use eel pots and fyke nets, each without 
wings, from July first to May thirty-first, both dates 
inclusive, in each year, for the purpose of catching 
carp, catfish, eels, and suckers only. All other species 
of fish which may be caught in said nets must be 
returned unharmed immediately to the waters from 
which taken : Provided, That the entrance of said 
eel pot and fyke net shall not be more than six inches 
in diameter, and the outside diameter not more than 
thirty inches. Any person violating any of the pro- 
visions of this section shall, on conviction thereof, be 
subject to a fine of twenty ($20) dollars, together 
with a forfeiture of all nets, boats, and other appli- 
ances used. 



Pishing by 
use of net 
prohibited, 
witliin cer- 
tain lionrs. 



Fine and 
forfeiture. 



Fool fish ; 
open season. 



Open season 
for game fish 



Eel pots and 
fyke nets ; 
close season. 



Open season 
for carp, 
catfish, eels, 
and suckers. 



I'roviso. 



Fine and 
forfeiture. 



176 



GAME, FISH, AND FORESTllY LAWS. 



Length and 
weight of 
lish that 
may be 
taken 



I'roviso. 

Fishery au- 
thorities. 



1' ine. 



Boats, 

Anchors and 
dregdes. 

Unlawful 
use of. 



Fine. 

Llxplosivcs. 
or poisons. 



Soctioii 12. It shall be unlawful for any person 
to catch and take, or attempt to catch and take, 
from the Delaware River above Trenton Falls, in 
any manner Avhatsoever, any striped bass, otherwise 
known as rock fish, w'eighing more than twenty 
pounds, or measuring less tlian ten inches in length ; 
or any sturgeon less than five feet in length ; or any 
black bass, or any small-mouth bass, large-mouth 
bass, otherwise known as Oswego or yellow bass, less 
than nine inches in length ; or any pike or pickerel, 
or any pike-pei-ch, otherwise known as wall-eyed pike 
or Susquehanna salmon, less than twelve inches in 
length ; or any calico or strawberry bass, crappie, 
white bass, rock bass, otherwise known as red-eye or 
goggle-eye, or trout, or charr, less than six inches in 
length. Any fish of a less length than those described, 
or any striped bass, commonly called rock fish, 
weighing more than twenty pounds, w^liich may be 
caught, must be returned immediately to the water: 
Provided, That nothing in this section shall be so 
construed as to prevent the fishery authorities of the 
Commonwealth of Pennsylvania or of the State of 
Ncw^ Jersey capturing fish of any size, from said 
wat(!rs, or at any time of the year, or in any manner 
for propagating purposes and for stocking other 
waters in their respective States, through their au- 
thorized representatives. Any person who shall vio- 
late any of the provisions of this section shall, on 
conviction thereof, be subject to a fine of ten dollars 
for each and every fish so caught and had in possess- 
ion. 

Section l■^. It shall be unlawful for any person, 
by boat, anchor, dredge, or otherwise, in the Dela- 
ware River alTove Trenton Falls, to wilfully, and 
without reasonable cause, interfere with, break, dam- 
age, or destroy any hauling seine, or net of any de- 
scription, being lawfully used. Any person violating 
any of the provisions of this section shall, on con- 
viction thereof, be subject to a fine of twenty dollars. 

Section 14. It shall be unlawful for any person 
to ])ut or place in the Delaware River above Ti-onton 
Falls any explosive or poisonous si'ibstances whatso- 
ever, or any drug, or any poison bait, for the purpose 
of cjitching, taking, killing, or injuring the fish, or 
to allow any dye-stuff, coal or gas tar, coal oil, 
sawdust, tanbark, cocculus indicus (otherwise known 
as fish beri-ies), lime, vitriol, or any of the compounds 



GAME, FISH, AND FORESTRY LAWS. 



177 



emptied iuto, any of 
is shown that every 
to prevent the pollu- 
escape of deleter- 
the pollution of 



Deleterious 
or destruc- 
tive sub- 
stances. 



Pollution of 
waters. 



thereof, refuse from gas-houses, oil-tanks or vessels, 
or any deleterious, destructive or poisonous substan- 
ces of any kind or character, to be turned into or al- 
lowed to run, flow, wash or be 
the waters aforesaid, unless it 
practicable means ]ias been used 
tion of waters in question by the 
ious substances. In the case of 
waters by substances known to be injurious to fishes 
or to fish food, it shall not be necessary to prove that 
such substances have actually caused the death of 
any particular fish. Any person violating any of the 
provisions of this section shall, on conviction thereof, 
be subject to a fine of two hundred dollars. 

Section 15. It shall be unlawful to purchase, sell, 
or offer for sale, or have in possession, any fresh dead 
game or food fish, except during the lawful period for 
catching the same, and the space of six days after 
such period has expired. Any person violating any of 
the provisions of this section shall, on conviction 
thereof, be subject to a fine of ten dollars for each 
fish. 

Section 16. The Commonwealth of Pennsylvania 
and the State of New Jersey- shall have concurrent 
jurisdiction over all offenses and violations of this 
act, committed or attempted to be committed by any 
person or persons fishing in the Delaware River above 
Trenton Falls, within the jurisdiction respectively 
of the said Commonwealth of Pennsylvania and of 
the State of New Jersey. Any fish warden, or any 
person in either State authorized to make arrests for 
violation of the fish laws, shall have power and au- 
thority to make arrests in any part of the river, or 
shores thereof, and take such person or persons for 
trial to the State in wliich the offense was committed, 
and proceed against the offender according to the 
legal procedure for violation of the fish laws of said 
State. If the arrest be made upon the shores of the 
said Delaware River, within this Commonwealth, the 
said person or persons shall be taken before any jus- 
tice of the peace, alderman, magistrate, or other 
legally constituted authority in the county in which 
the arrest was made, and thereupon make charge of Charge. 
such violation of the law, or any provision thereof ; 
and the justice of the peace, alderman, or other legally 



Fine. 



Unlawful 
Sale, offer, 
or posses- 
sion. 



Fine. 



Concurrent, 
jurisdiction. 



Arrest. 



12 



178 



GAME, FISH, AND FORESTRY LAWS. 



constituted authority shall forthwith hear and de- 
termine the guilt or innocence of the person or per- 
sons so chargel and, if convicted ut)on such charge, 
shall be sentenced by said justice, alderman, or 
magistrate , severally, to pay the fine or fines, penalty 
or penalties, provided in this act, for such violations, 
together with the costs of suit; said fines to be paid 
over forthwith to the treasurer of the county in which 
the prosecution was brought, and said county treas- 
urer to pay over Uia sum forthwith to the Commis- 
sioners of Fisheries, for the benefit of the Common- 

ProTiso. wealth : Provided, That in case the defendant, or de- 

fendants shall neglect to pay, at once, the fine or 
fines so imposed, said defendant or defendants shall 
forthwith be sentenced to undergo imprisonment, in 
the county jail of the county where such conviction 
takes place, for a period of one day for each dollar 
of fine so imposed and unpaid, unless the defendant 
or defendants, upon conviction, shall give notice of 
intention to appeal, when such defendant or de- 
fendants shall be permitted to enter into good and 
suflicient recognizance to appear before such justice, 
alderman, or magistrate, on or before the expiration 
of five days, if such appeal is not taken by them, or 
on the final determination of such appeal if it bo 
not sustained, for execution of sentence : Provided 
also, That all actions for any violation of any of 
the provisions of this act must be taken within one 
year from the time the offense was committed. In 
case any fish warden, or any person authorized to 
make arrests for violation of the fish laws, fails to 
prove his case, and the defendant or defendants are 
convicted, and are sent to jail, in lieu of the payment 
of fine or fines, penalty or penalties, the county in 

Costs. which the case is heard shall pay the costs. Such 

arrests shall also be made on Sunday, in which case 
the person or persons shall be taken before the proper 
^ officer and proceeded against on a week day follow- 
ing the arrest. 

Interference Section 17. Any person or persons who shall by 

with officers, threat, menace, or force, or in any manner, attempt 
to deter or prevent any fish warden, or other person 
authorized to make arrests for violation of the fish 
laws, in either State, from enforcing or carrying into 
effect any provisions of this act, or who shall resist 



Appeal. 
Ball. 



ProTiso. 



GAME, FISH, AND FORESTRY LAWS. 



179 



arrest, or the seizure of boats or nets illegally used, 
shall, on conviction thereof, be subject to ^ fine of 
one hundred dollars. 

Section 18. The following acts and parts of acts 
are intended to be supplied by this act, and the same 
are hereby repealed ; also, all acts or parts of acts 
inconsistent with this act, be and the same are hereby 
repealed. 

1. An act for the protection of shad, sturgeon, 
and game fish in the river Delaware, approved May 
twenty-second, eighteen hundred and eighty-nine. 

2. An act for the protection of shad and game fish 
in the State of Pennsylvania, approved May twenty- 
second, eighteen hundred and eighty-nine, or so much 
thereof as relates to the Delaware River below Tren- 
ton Falls. 

3. An act for the protection of Penobscot salmon 
planted in the river Delaware, and providing pen- 
alties for the enforcement thereof, approved May 
twelfth, nineteen hundred and one. 

4. An act for the protection of sturgeon, approved 
June twenty-fifth, eighteen hundred and ninety-five. 

Section 19. This act shall take effect immediately, 
but no section, proviso, or part of this act shall be 
considered as valid and operative until a similar act 
has been enacted by the State of New Jersey : Pro- 
vided, That when the said State of New Jersey has 
enacted a similar act, the provisions of this act re- 
lating to the size of the meshes of nets shall not 
become operative until June second, nineteen hun- 
dred and nine. 

Approved — The eighth day of May, A. D. 1909. 

EDWIN S. STUART. 

An act similar to the foregoing was passed by the 
Legislature of New Jersey and signed by the Gover- 
nor of that State on April 1st 1909. 



Fine. 
Repeals. 



Act of May 
22, 1889. 



Act of May 

22, 1889. 



Act of May 
12, 1901. 



Act of June 
25, 1895. 

When act 
shall go 
into effect. 

Proviso. 



180 



GAME, FISH, AND FORESTRY LAWS. 



Act April 22, 
193 2, P. L. 
112. 



I'lcainble. 



Dam at 

McCall's 

Feny. 



Examina- 
tion. 



A JOINT RESOLUTION 

Requiring the construction of an adequate fish-way 
in the dam constructed across the Susquehanna 
River by the McOalFs Ferry Power Company, now 
the Pennsylvania Water and Power Company, at 
McCalls' Ferry ; providing how, and when, and by 
whom such fish-way sliall be constructed, and pro- 
viding penalties for failure to comply with the 
terms of this resolution. 

Whereas, The McC all's Ferry Power Company, 
now known as Pennsylvania Water Power Company, 
has heretofore erectd a dam across the river Susque- 
hanna, at McCall's Ferry ; and 

Whereas. In the decree of court nuthorizing the 
construction of said dam, the construction and main- 
tenance thereof was subject to the making and main- 
taining by said company of adequate provision for 
the passage of fish : and 

Whereas, The said company, in wanton and flag- 
rant violation and disregard of said decree, has hith- 
erto refused and neglected to comply therewith and 
has wilfully refused and neglected to make adequate 
provision for the passage of fish, as aforesaid ; and 

Whereas, Inasmuch as said company has acted in 
flagrant contempt of the laws of this Commonwealth 
and of said decree, the powers and privileges vested 
in said company should be revoked and the company 
made to realize that it cannot with impunity act in 
wilful disregard of the rights of the citizens of Penn- 
sylvania ; therefore, — 

Section 1. Be it resolved, &c., That the Fish Com- 
missioner is hereby authorized to examine the dam 
erected across the Susquehanna River, at McCalFs 
Ferry, by the McCall's Ferry Power Company, now 
the Pennsylvania Water and Power Company, and 
to ascertain whether said company has complied with 
the decree of the court of common pleas of Dauphin 
County made on, to wit, the fourteenth day of Jan- 
uary, one thousand nine hundred and seven, as of 
i-ecord at number four hundred sixty-two, Common- 
wealth docket one thousand nine hundred six, and 
to ascertain whether adequate provision has been 
made for the passage of fish. If the Fish Commis- 



GAME, FISH, AND FORESTRY LAWS. 



181 



siuiu'i- shall ascertain that adequate provision for the 
passage of fish has not been made, he shall, in writ- 
ing, notify the said company to begin not later than 
June first, one thousand nine hundred and thirteen, 
and complete not later than November first, one 
thousand nine hundred and thirteen, the construc- 
tion of a fish-way that will thereafter secure ade- 
quate provision for the passage of- fish up and down 
said river. If said company shall not, after the ex- 
piration of one week from service of said notice on 
any official of tlie company, begin such work, and 
prosecute it continuously to completion within the 
said limit of time, and in accordance with plans here- 
tofore or hereafter prepared by the Fish Commis- 
sioner, then said Fish Commissioner is hereby author- 
ized to cause said work to be done in accordance with 
said plans, and at the cost of the said company. If 
the work be done by the Fish Commissioner, he is 
hereby authorized to collect in the name of this Com- 
monwealth, the cost thereof, with a penalty of fifty 
per centum additional, to be collected as debts of 
like amount are now by law collected. Tlie surplus, 
after payment for said work, shall be paid into the 
treasury of this Commonwealth. Furthermore, if the 
said coitnpany shall not begin said Avork as aforesaid, 
the Fish Commissioner shall lay the matter before 
the Attorney General, who shall forthwith, by quo 
warranto, proceed to have the powers and privileges 
heretofore vested in said company revoked. 

Approved— The 22rt "lay of April, A. D. 1913. 

JOHN K. TENER. 



Fishway. 



Notice. 



Authority of 
the Commis- 
sioner. 



Cost. 



Writ of quo 
warranto. 



182 



GAME, FISH, AND FORESTRY LAWS. 



Act of April 
121, 1915, P. 
L. 160. 



Fish 

Fishing by 

unnaturalized 

foreign-bom 

resident, 

prohibited. 



Resideat 
defined. 



Affidavit. 



Warrant. 



Hearing. 



AN ACT 

To give additional protection to the fish in the waters 
within the Commonwealth of Pennsylvania ; pro- 
hibiting the fishing for, or capture or killing of, 
such fish by unnaturalized foreign-born residents ; 
and prescribing penalties for violation of its pro- 
visions. 

Section 1. Be it enacted, etc., That from and after 
the passage of this act, it shall be unlawful for any 
unnaturalized foreign-born resident to go fishing for, 
or capture or kill, in this Commonwealth, any fish 
of any description. Each and every person violating 
any provisions of this section shall, upon conviction 
thereof, be sentenced to pay a penalty of twenty dol- 
lars for each offense, or undergo imprisonment in 
the common jail of the county for the period of one 
day for each dollar of penalty imposed. 

Section 2. For the purpose of this act, any unnat- 
uralized foreign-born person who shall reside or 
live within the boundaries of the Commonwealth of 
Pennsylvania for ten consecutive days, shall be con- 
sidered a resident, and shall be liable to the penalties 
imposed for violation of the provisions of this act. 

Section 3, From and after the passage of this act, 
any justice of the peace, alderman, or magistrate, 
upon information or complaint made to him by affi- 
davit of one or more persons, charging any person 
or persons with having violated the provisions of this 
act, is hereby authorized and required to issue his 
warrant, under his hand and seal, directed to any 
constable, peace officer, or warden, and cause such 
j)erson or persons to be arrested and brought before 
such justice, alderman, or magistrate, who shall hear 
and determine the guilt or innocence of the person or 
persons so charged ; and, if convicted of such charge, 
shall be sentenced by said justice, alderman, or 
magistrate, severally, to pay the fine or fines, penalty 
or penalties, provided in this act for such violations, 
together with the costs of suit. The whole of said 
fine shall be paid over forthwith to the treasurer of 
the county in which the prosecution was brought, and 
said county treasurer shall pay over the same forth- 



GAME, FISH, AND FORESTRY LAWS. 



183 



with to the Commissioner of Fisheries, for the benefit 
of the Commonwealth : Provided, That, in case the 
defendant or defendants shall neglect to pay at once 
the fine or fines so imposed, said defendant or de- 
fendants shall forthwith be sentenced to undergo im- 
prisonment in the county jail of the county where 
such conviction takes place, for the period of one day 
for each dollar of fine so imposed and unpaid, unless 
the defendant or defendants, upon conviction, shall 
give notice of intention to appeal, when such defend- 
ant or defendants shall be permitted to enter into 
good and suflicient recognizance to appear before such 
justice, alderman, or magistrate, on or before the ex- 
piration of five days, if such appeal is not taken by 
them, or on the final determination of such appeal 
if it be not sustained, for execution of sentence ; 
Provided also. That all actions for any violation of 
any of the provisions of this act must be taken within 
one year from the time the offense was committed; 
and, when necessary to properly conduct any case 
before any alderman, justice of the peace, magistrate, 
or any court, the Commissioner of Fisheries is au- 
thorized to employ legal counsel. 

Section 4. From and after the passage of this act, 
any fish commissioner, fish-warden, deputy-warden, 
slieriff, deputy sheriff, constable ,or any special 
officer, or any peace officer in this Commonwealth, 
is hereby authorized and commanded to forthwith ap- 
prehend and arrest any person or persons who may 
be guilty of violating the provisions of this act, and 
take such person or persons before any justice of the 
peace, alderman, or magistrate, and thereupon make 
charge of such violation of this act ; and the justice 
of the peace, alderman, or magistrate shall forth- 
with hear and determine the charge, as provided in 
section three of this act ; and, in case any fish com- 
missioner, fish-warden, or any officer named above, 
fails to prove his case, and the defendant or defend- 
ants are discharged ; or, in case the defendant or 
defendants are convicted, and are sent to jail in lieu 
of the payment of fine or fines, penalty or penalties, 
the county in which the case is heard shall pay the 
costs. Such arrests may also be made on Sunday, in 
which case the person or persons, so arrested, for 
safe-keeping may be committed to the jail or lock-up 



Proviso. 
Non-payoieat. 



Notice of 
appeal. 



Previso. 



Counsel. 
Arrests. 



Authority of 
officers. 



Charge. 
Hearing. 



Costa. 

Sunday 
arrests. 



184 



GAME, FISH, AND FORESTRY LAWS. 



Repeal. 



for that day, but shall be taken before the proper 
magistrate and proceeded against on a week-day fol- 
lowing the arrest. 

Section 5. All acts or parts of acts inconsistent 
with this act are repealed. 

Approved— The 21st day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



Act of May 
29. 1917, r. 
L. 322. 



Bullfrog?, 
tadpoles and 
terrapin. 



Close 
season. 



Unla-nfiil 
oatcli of 
bullfrogs. 



Penalty. 



Unlawful 
oatch of 
tadpoles. 



AN ACT 

To give protection, and to regulate the catcliing or 
taking or liaving in possession, within this Com- 
monwealth, of any bullfrogs, tadpoles, and ter- 
rapin ; and providing penalties and punishments 
for violation of any of the provisions of this act, 
and the manner of proceeding to enforce com- 
pliance therewith : and providing for the disposi- 
tion of the penalties and fines recovered and re- 
ceived ; and how, and by whom, the costs in such, 
cases shall be paid. 

Section 1. Be it enacted. &c., That from and after 
the passage of this act it sliall be unlawful for any 



person to catch, take, or 
poles, from the first day 
day of July, both dates 
from the fifteenth day of 



kill any bullfrogs or tad- 

of November to the first 

inclusive, and terrapin,* 

March to the first day of 



November, both dates inclusive, in each year, in any 
of the waters within this Ccimmonwealth or in the 
boundary wators thereof. 

Section 2. From and after the passage of this act 
it shall be unlawful for any person to catch, kill, or 
have in possession in any one day more than twenty- 
five bullfrogs, or more than fifty in any one season. 
Any person violating any of the provisions of this sec- 
tion shall, on conviction as provided in section eight 
of this act. be subject to a penalty of ten dollars for 
each and every frog so taken, caught, or had in pos- 
session. 

Section 3. From and after the passage of this act 
it shall be unlawful for any one person to catch, 
take, or kill more than twenty-five tadpoles in any 



"Under an opinion of the Attorney 
turtle is not classed as terrapin. 



General the snapping 



ga:me, fish, and forestry laws. 



185 



one day, or liave more than twenty-five tadpoles in 
possession at any one time. Any person violating 
any of the provisions of this section shall, on convic- 
tion as provided in section eight of this act, be sub- 
ject to a penalty of ten dollars for each and every 
tadpole so takr-u, caught, or had in possession. 

Section 4. From and after the passage of tliis act 
it shall be unlawful for any one person to catch, 
take, or kill more than five terrapin in any one day, 
ov more than fifty in any one season. Any person 
\iolating any of the provisions of this act shall, on 
conviction as provided in section eight of this act, be 
subjiK't to a penalty of ten dollars for each and 
every terrapin so taken, caught, or had in possession. 

Section 5. F)-om and after the passage of this act 
it shall be unlawful to catch, take, or kill any bull- 
fi-ogs by the use of a light at night. Any person 
violating any of the provisions of t^iis section shall, 
on conviction thereof as provided in section eight of 
this act, be subject to a penalty of twenty-five dol- 
lars. 

Section 6. The several sections of this act are to 
be deemed independent of each other, in the event 
of any section hereof being declared unconstitutional, 
it is hereby declared as the intention of the Legisla- 
ture that such section may be eliminated therefrom 
without affecting any other portion of this act. 

Section 7. That from and after the passage of this 
act any fish commissioner, fish-warden, special fish- 
warden, sheriff, deputy sheriff, constable, or any spe- 
cial oflicer, or any peace officer of this Commonwealth, 
is hereby authorized and commanded to forthwith 
seize any net, nets, or device whatever that may be 
used in any violation of any of the provisions of this 
act, and turn the same over to the Department of 
Fisheries ; and they are hereby authorized and com- 
manded to forthwith apprehend and arrest any person 
or persons who may be guilty of violating any of the 
jirovisions of this act. and take him or them before 
any justice of the peace, magistrate, or other legally 
constituted authority, and thereupon make charge of 
such violation of the law, or of any of the provisions 
thereof ; and the magistrate shall forthwith hear and 
determine the charge, as provided in this act ; and in 
case any fish commissioner, fish-warden, or other of- 
ficer named above fails to prove his case, and the de- 



Penalty. 



Unlawful 
catch of 
terrapin. 



Penalty. 

Use of light 
in catching 
l)Ullfrogs. 



Penalty. 

Sections of 
act indepen- 
dent of each 
other. 



Seizure of 
devices used 
by violators. 

Arrests au- 
thorized. 



Hearing by 
magistrate. 



186 



GAME, FISH, AND FORESTRY LAWS. 



Coiinty to 
pay costs If 
case falls. 

Payment of 
costs. 



Arrests on 
Sunday, 



Fines, etc., 
go to State 
Treasury. 

To be sepa- 
rate tund foi 
propagation. 



Parapher- 
nalia to be 
Bold. 



Illegal de- 
Tires tt# be 
destroyed. 

IsRUiiife of 
wan ant. 



fendant or defendants are discharged, the county shai 
pay the costs ; and in case the defendant or defend- 
ants are convicted, and are set to jail in lieu of 
the payment of the fine or fines, penalty or penal- 
ties, the county in which the case is heard shall pay 
the costs, without, however, relieving any defendant 
or defendants sentenced to pay the same. Such ar- 
rests may also be made on Sunday, in which case 
the person or persons shall be taken before the proper 
officer and proceeded against on a week day following 
the arrest. All fines, penalty or penalties, paid to 
any justice of the peace, aldertnan or magistrate, 
shall forthwith be paid over by him to the Commis- 
sioner of Fisheries, and by him deposited into thf 
State Treasury, where it shall be kept as part of a 
fund separate and apart, to be used solely under 
the direction of the Department of Fisheries, for the 
purpose of defraying any of the necessary expenses 
incurred in the purpose of fish propagation and pro- 
tection. All boats, and nets, or devices, forfeited to 
the Department of Fisheries shall be sold, and the 
moneys received therefrom by the department shall be 
paid into the State Treasury, where it shall be kept 
as part of a fund separate and apart, to be used 
solely under the direction of the Department of Fish- 
eries for the purpose of defraying any of the neces- 
sary expenses incurred in the purpose of fish propa- 
gation and protection. All illegal devices not pre- 
served for exhibition purposes are to be destroyed, 
under the direction of the Commissioner of Fisheries, 
Section 8, That any justice of the peace, alderman, 
or magistrate upon information or complaint made 
to him by affidavit of one or more persons, charging 
any person or persons with having violated any of the 
provisions of this act', or any of the rules and regula- 
tions^ adopted and promulgated by the Commissioner 
of Fisheries pursuant to this act, is hereby authorized 
and required to issue his warrant, under his hand and 
seal, directed to any constable, peace officer, op war- 
den, and cause such person or persons to be arrested 
and brought before such justice, alderman, or magis- 
trate, who shall hear and determine the guilt or inno- 
cence of the person or persons so charged : and if con- 
victed upon such charge, shall be sentenced by 
said justice, alderman, or magistrate to pay the 
fine or fines, penalty or penalties, provided in this 
act for such violations, together with the cost of suit. 



GAME, FISH, AND FORESTRY LAWS. 



187 



Fine paid to 
Commissioner 
of Fisheries. 



Proviso. 



The whole of said fine shall be paid over forthwith 
to the Commissioner of Fisheries, who shall deposit 
the same into the State Treasury, where it shall be 
kept as part of a fund separate and apart, to be used 
solely under the direction of the Department of Fish- 
eries for the purpose of defraying any of the neces- 
sary expenses incurred in the purpose of fish propa- 
gation and protection : Provided, That in case the 
defendant or defendants shall neglect to pay at once 
the fine or fines so imposed, said defendant or defend- 
ants shall forthwith be sentenced to undergo imprison- 
ment, in the county jail of the county where such 
conviction takes place, for a period of one day for 
each dollar of fine so imposed and unpaid, unless the 
defendant or defendants, upon conviction, shall give 
notice of intention to appeal, when such defendant 
or defendants shall be permitted to enter into good 
and sufficient recognizance to appear before such jus- 
tice, alderman, or magistrate on or before the expira- 
tion of five days if such appeal is not taken by them, 
or on the final determination of such appeal if it 
be not sustained for execution of sentence : Provided Proviso 
also. That all actions for any violation of any of the 
provisions of this act must be taken within one year 
from the time the offense was committed ; and, when 
necessary to properly conduct any case before any 
alderman, justice of the peace, magistrate, or any 
court, the Commissioner of Fisheries is authorized to 
omploy legal counsel. 

Approved— The 29th day of May, A. D. 1917. 



MARTIN G. BRUMTJAnOH. 



188 



GAME, FISH, AND FORESTRY LAWS. 



Act of July 
28th, 1917, \ 
L. 1215. 



Fish Law oi 
1917. 



"Person" de- 
fined. 



"Game fi.sh" 
defined. 



"Bait fish" 
defined. 



"Food fish" 
defined. 



AN ACT 

To revise, amond, and consolidate the law relating 
to fish, and providing penalties. 

Section 1. Be it enacted, etc., That : — 

ARTICLE I. 

Short Title and Definitions. 

Section 2. This act shall be known and may be 
cited as The Fish Law of one thousand nine hundred 
and seventeen. 

Section 3. The term '"person," except where the 
context otlierwise indicates, means a person, firm, as- 
sociation, or corporation. Singular number includes 
the plural. Masculine gender includes the feminine. 

Section 4. The term '"game-fish," as used in this 
act, means the following fish : Charr, commonly called 
brook trout ; all species of trout and of the salmon 
family ; blue pike ; pike-perch, otherwise known as 
Susquehanna salmon, or wall-eyed pike ; pickerel : 
western pike ; muscallonge ; fall fish, small mouth 
bass, otherwise called black bass ; large mouth bass, 
otherwise called Oswego, green, or yellow bass ; crap- 
pie, grass, strawberry, or calico bass, white bass ; 
rock-bass, otherwise known as red-eye. or goggle-eye : 
and all other species or varieties of fresh-water fish, 
called or commonly known as bass, except striped 
bass, or rock-fish. 

Section 5. The term '"bait-fish." as used in this 
act, means tlie following fish : All forms of minnows. 
all forms of killifishes, and stone catfish. 

Section 6, The term "food-fish." as used in this 
.act, means all species or varieties of fish what.soever, 
in the waters within this Commonwealth, not "game- 
fish" or "bait-fish." 



Sunday fish- 
ing iliejral. 



Penalty. 



ARTICLE II. 

Sunday Fishing Prohibited. 

Section 10. It is unlawful to fish for any species 
of fish, or with any device, on the first day of the 
week, commonly called Sunday. Any person violating 
any of the provisions of this section shall, on convic- 
tion, as provided in Arti(»le thirteen of this act, be 
subject to a penalty of twenty-five dollars. 



GAME, FISH, AND FORESTRY LAWS. 189 

ARTICLE III. 
Closed Season. 
Section 15, as amended by the act of .July 9tli, 1910, 
P. L. 799. 

* Section 15. The following closed seasons are hereby ( -,os-.a sea- 
established : for — sous. 

(a) Charr. commonly called brook trout, or any ^^^^,^ ^^. 
species of trout except lake or salmon trout, from the ^j-out' 
first day of August to the fourteenth day of April next 
following, bota dates inclusive : 

(b) Lake trout or salmon trout, from the thirtieth j^^j,^ ^^.^^^ 
day of September to the thirtieth day of June next 
following, both dates inclusive ; 

(e) Small and large mouth bass, rock-bass, white Bass, 
bass, crappie. strawberry, or calico bass, from the 
thirty-first day of December to the thirtieth day of 
June next following, both dates inclusive : 

(d) Pike-perch, otherwise called wall-eyed pike or Pike-peroh, 
Susquehanna salmon, from the thirty-first day of De- or Susqne- 
cember to the thirtieth day of June next following, ^^^^^ ^'''- 
both dates inclusive ; _ , 

(e) Pickerel, from the thirty-first day of December pickerel, 
to the thirtieth day of June next following, both dates 

inclusive : , , . 

(f) Muscalonge or western pike, from the thirty- Muscaiionge 
first day of December to the thirtieth day of June next Jfj^g^^^**^™ 
following, both days inclusive. 

Section 16. No person shall have in his possession, 
except as in this Article otherwise provided, any of 
tiie fish enumerated in section fifteen of this act dur- 
ing the closed season respectively provided for. Any 
person violating the provisions of this section is guilty 
of a misdemeanor, and, on conviction as provided in 
Article thirteen of this act, shall be sentenced to pay Penalty. 
a fine of ten dollars for each fish so taken, caught, or 
had in possession. 

Section 17. Charr, commonly called brook trout, or Legal pos- 
anv species of trout, except lake trout, and large or sesion. 
small mouth bass, caught during the lawful season 
respectively provided therefor, may be kept in posses- 
sion six days after the expiration of such season. 

Section 18. The provisions of section sixteen of this Return of 
act do not apply to a person who, having caught any ^l^t^^'J^^J^j^" 
fish during the closed season respectively provided ^^^^en caxight 
therefor, immediately returns such fish, m the con- contrarj' to 
dition in which it was captured, to the water from law. 
which it was taken. 



190 



GAME, PISH, AND FORESTRY LAWS. 



Fish artifi- 
cially pro- 
pagated. 



Size of 
fish. 



White bass, 
rock bass, 
rrappie, etc., 



Pike-perch, 
or Susque- 
hanna sal- 
mon. 
Pickerel. 
Muscallonge. 

Violation. 



Penalty. 

Return of 
fish to 
water unin- 
jured. 



Fish arti- 
ficially pro- 
pagated. 



Number of 
flsh that 
may be 
taken. 



Section 19. The provisions of this article do not 
apply to fish artificially propagated under the author- 
ity of Article eight of this act. 

ARTICLE IV. 

Size of Fish That May Be Caught. 

Section 25, as amended by the act of July 9th, 1919, 
P. L. 799. 

Section 25. No person shall have in possession, ex- 
cept as in this article otherwise provided, any 

(a) White bass, rock bass, crappie, strawberry, or 
calico bass, less than six inches in length ; 

(b) Black bass, or small mouth bass ; large mouth 
bass, otherwise called Oswago, green or yellow bass, 
less than nine inclies in length ; 

(c) Pike-perch, otherwise called wall-eyed pike or 
Susquehanna salmon, less than twelve inclies in 
length ; 

(d) Pickerel, less than twelve inches in length ; 

(e) Muscallonge or western pike, less than twenty- 
four inches in length. 

Section 26. Any person violating the provisions of 
section twenty-five of this act is guilty of a misde- 
meanor, and, on conviction as provided in Article 
thirteen of this act, shall be sentenced to pay a fine 
of ten dollars for each fish so taken or had in pos- 
session. 

Section 27. The provisions of sections twenty-five 
and twenty-six of this act do not apply to a person 
who, having caught any fish less than the size re- 
spectively permitted, returns such fish in the condi- 
tion in which it was caught to the water from, whidi 
it was taken. 

Section 28. The provisions of this Article do not 
apply to fish artificially propagated under the authority 
of Article eight of this act. 

ARTICLE V. 

Number of Fish Which May Be Caught. 

Section 35. No person, except as in this Article 
otherwise provided, shall, in any one day, catch, kill, 
or have in possession more than the number of fish 
hereby designated for the respective species; that is 
to say, — 



GAME, FISH, AND FORESTRY LAWS. 



191 



(a) Charr, or trout, of the combined species, twenty- 
five ; 

(b) White bass, rock bass, crappie, strawberry, or 
calico bass, twenty-five ; 

(c) Small or large mouth bass, twelve; 

(d) Pike-perch, otherwise called wall-eyed pike, or 
Susquehanna salmon, twenty-five ; 

(e) Pickerel, twenty-five; 

(f) Muscallonge or western pike, four; 

(g) Yellow perch, fifty; 
(h) Suufish, fifty. 

Section 36. Any person violating the provisions of 
section thirty-five of this act shall, on conviction as 
provided in Article thirteen of this act, be sentenced 
to pay a fine of ton dollars for each fish taken, caught, 
or had in possession, over the number respectively al- 
lowed by this act. 

Section 37. In computing the number of fish taken, 
caught, or had in possession, the number of fish re- 
turned, in the condition in which they were caught, 
to the waters from which they were taken, shall be 
omitted. 

Section 38. Tlie provisions of this Article do not 
apply to fish artificially propagated under the author- 
ity of Article eight of this act. 

ARTICLE VI. 
Fishing Devices. 

As amended by act of July 9th, 1919, P. L. 799. 

Section 45. No person shall use any device, means, 
or meth-od whatsoever, except as in this article other- 
wise provided, for taking fish from the water within 
this Commonwealth, except the following; that is to 
say, for — 

(a) Game-fish, two rods and two lines, and one hand 
line with not more than three hooks attached ; 

(b) Food-fish, rods and lines, or one hnnd line with 
no more than three hooks attached. The rods and 
lines and the hand line must be under the immediate 
control of the person using the same; 

(c) Bait-fish, rods, hooks and lines, with not more 
than three hooks attached to each line ; a dip net, or 
minnow seine not over four feet in diameter ; a min- 
now trap, with not more than one opening, which 
shall not exceed one inch in diameter. The rods, 
hooks, and lines must be under the immediate control 
of the person using the same. 



ChaiT or 
trout. 

White bass, 
rock bass, 
etc. 

Black bass. 
Pike perch 
or Susqrip- 
Iianna sal- 
mon. 
Pickerel. 
Muscallonge. 
Yellow 
perch. 
Sun fish. 

Violation. 

Penalty. 



Computation, 
of number. 



Fish artifi- 
cially propa- 
gated. 



Fishing de- 
vices. 



Game fish. 
Food fish. 

Bait fish. 



192 



GAME, FISH, AND FORESTRY LAWS. 



Violation. 



Penalty. 

Legal use of 
gaff or land- 
ing not. 

Fish artifi- 
oially propa- 
gated. 

Fish taken 
by seine. 



Fisli 
taken by 
permit. 



Seine lirense. 



Fee. 



Seine, dip- 
net, hold-in 
net, etc. 

Size of 
mesh. 



Fonn and 
eontents of 
license. 



Expiration 
license. 



01 



Section 46. Any person violating the provisions of 
section forty-five of this act is guilty of a misdo- 
mejinor, and, on conviction as provided in article 
tliirteen, shall be sentenced to pay a line of twenty 
dollars, and shall forfeit to the Department of Fish- 
cries all devices unlawfully used. 

Section 47. The provisions of this article do not 
l)i-ohibit the use of a gaft" or landing net, to assist in 
landing fish already caught by a lawful devace. 

Section 48. The provisions of this article do not 
ajiply to fish artificially propagat(Ml under the au-thor- 
ity of article eight of this act. 

Section 49. The provisions of this article do not 

apply to fisli caught by a seine or net for which a 
license is obtained under the provisions of article seven 
of this act. 

Section 50. The pro\isions of this article do not 
apply to fish caught by a device for which a permit 
is obtained under the provisions of article twelve, sec- 
tion one hundred and twenty of tliis aor. 

ARTICLE VII. 

Seine Licenses, 

Section 55. The Department of Fislieries is author- 
ized to issue a "Seine License," upon a written ap- 
l)lication therefor signed by the applicant, and upon 
the payment to said Department of the sum of two 
dollars. 

Sc^ction 56, 
P. L. 799. 

Section 56. No seine or net shall be licensed for 
use except a liaul seine, sometimes called a shore 
seine : a dip-net, or a hold-in net, sometimes called a 
moon rake. The meslies of any of the above-enum- 
erated seines or nets shall be not less than two and 
one-half inches, stretched fishing measure, or one and 
one-qnnrter inclies from knot to knot, while being 
fisli ed. 

Seetion 57. The license certificate shall be pre- 
pared by the Department of Fisheries, and shall show 
the date of issue, the name and place of residence of 
the licensee, and the name and number of the seine 
or net licensed. The certificate may contain such 
other matters as the Department of Fisheries may de- 
termine. All seince licenses shall expire on the 
twenty-first day of June next following the date of 
issue. Such certificate shall be shown bv the licensee 



to said Department of the 
as amended by act of July 9th, 1919, 



GAME, FISH, AND FORESTRY LAWS. 



193 



to any fieh-warden, constable, or other person author- 
ized to make arrests for violation of any provisions of 
the laws of this Commonwealth relating to fish. 

Section 58. A "Seine License" issued under this 
article authorizes the license to fish, w^ith the licensed 
seince or net, for shad, herring, or alewife, catfislu 
suckers, eels, and carp, from the first day of March to 
the twentieth day of June of the same year, in the 
waters of the Susquehanna River, from McCall's Ferry 
dam to the Maryland State line, or within the limits 
of the tide-water of any tidal waters of this Common- 
wealth, and in no other waters of this Commonwealth 
whatsoever. 

Section 59. No person shall fish with a seine or net 
in any waters of this Commonwealth, except the Sus- 
quehanna River from McCall's Ferry dam to the 
waters of a tidal stream. No person shall fish with 
a seine or net in the Susquehanna River from Mc- 
Call's Ferry dam to the Maryland State line, or 
within the limits of the tidal waters of a tidal stream 
of this Commonwealth, except from the first day of 
March to the twentieth day of June. No person shall, 
from the first day of March to the twentieth day of 
June, fish with a seine or net in the waters of the Sus- 
quehanna River from McCall's Ferry dam to the Mary- 
land State line, or within the limits of the tidal waters 
of any tidal stream of this Commonwealth, for any 
fish other than shad, herring, or alewife, catfish, suck- 
ers, eels, and carp. A person who catches in a licensed 
seine, during the license period, fish other than those 
enumerated in the preceding paragraph, shall not be 
guilty of violating the provisions of said paragraph if 
he immediately returns such fish, so taken, to the 
waters from which taken and in the condition in which 
captured. No person shall, from the first day of 
March to the twentieth day of June, fish in the waters 
of the Susquehanna River from McCall's Ferry dam 
to the Maryland State line, or within the limits of 
the tidal waters of any tidal stream of this Common- 
wealth, with a seine or net other than a licensed net 
or seine. 

Section 60. No person shall remove fish from any 
licensed seine or net without the consent of the owner 
thereof, except that any person may return to the 
water any fish not authorized to be taken by such 
device. 



Display 
license. 



of 



Kiudsi of fish 
111 at may be 
taiveii iiiider 
licciisf!. 

I'fiiotl when 
use of li- 
<"en'<e is per- 
iiiitted. 



Wilt.' IS 
wherein li- 
censed seine 
or net may 
be nse<l. 



Illegal use 
of seine or 
net. 



Taking of 
flsh other 
than those 
permitted, 
illegal. 

No Tiolation 
when fish ar* 
immediately 
returned un- 
injured. 

Use of un- 
licensed seine 
or net un- 
lawful. 

Unlawful re- 
moval of fish 
from licensed 
seine or net. 



13 



194 GAME, FISH, AND FORESTRY LAWS. 

Violations. Section 61, Any person violating any provisions of 

this article except, as herein otherwise provided, is 

roimity. guilty of a misdemeanor, and. on conviction in the 

manner provided in Article XIII of this act, shall 
be sentenced to pay a fine of one hundred dollars, and 

Fovtvitiiro of shall forfeit to the Department of Fisheries all nets, 

appliances. seines, boats, or appliances unlawfully used. 

Kish artifi- Section 62. The provisions of this article do not 

( iiiiiy pinpa- apply to fish artificially propagated under the author- 

i-aic^i. ity of Article VIII of this act. 



ARTICLE VIII. 

Artificial Propagation Licenses. 

Artificial Section 70. The Department of Fisheries is author- 

iHopagatioii ized to issue an "Artificial Propagation License," upon 
license. ^ written application therefor, signed by the applicant, 

pyp. -and upon the payment to such Department of the sum 

of ten dollars. 
Application. Section 71. Applications shall bo made on blanks 

prepared by the Department of Fisheries, and shall 
show the size, character, and purpose of the propaga- 
tion plant, and such other matters as the Department 
lOxpiration '^^^ require. All licenses issued under this article 
of license. shall expire on the first day of January next following 

the date of issue. 
Jjif'*^;''. ^'^^]- Section 72. No dams, ponds, or other devices which 

si ructions. .^^,jj| prevent the free migration of fish shall be erected 
or placed by a person licensed under this article, in 
any stream flowing over his property. No person shall 
use the ponds so licensed for any purpose than for 
commercial fish purposes, 
i.ic'iisee's Section 73. The license issued by this article author- 

authority, izes the licensee to carry on the business of propaga- 

tion and sale of all species of game, food, and bait 
fish, or the eggs thereof, during the year, for which 
the license is issued. The license authorizes tlie 
licensee to catch and kill game, food, or bait fish 
,p from the licensed ponds, in any manner whatsoever, 

^iranspoiTii- except with explosives or poisonous substances. The 
license further authorizes the licensee to sell or dis- 
pose of in any manner whatsoever, game, food, or 
bait fish, or the eggs thereof, at any time of the 
year; and it authorizes express and railroad companies 
to receive and transport the same. 



GAME, FISH, AND FORESTRY LAWS. 



195 



Section 74. The license issued under this Article 
does not authorize the catching of fish out of any 
stream flowing over the property of the licensee, ex- 
cept the Susquehanna River from McCall's Ferry dam 
to the Maryland State line, and the tidal waters of 
any tidal stream in this Commonwealth. 

vSection 75. A person selling fish under the license 
provided by this Article shall fupiish the purchaser 
with a certificate or invoice of tfle sale, bearing the 
date of sale, the number of the license under which 
sold, tlie number of fish and number of pounds sold. 
The ceitificate or invoice must be shown by the holder, 
(»n demand of any fish-warden, clerk of the market, 
constr.ble, or any person authorized to make arrests 
for violation of the laws of this Commonwealth relat- 
ing to fish. The certificate or invoice shall authorize 
the sale of the fish so purchased for a period of six 
days after its date of issue. 

Section 7(5. A person holding an artificial propaga- 
tion license under this article shall annually, on the 
first day of December, file with the Department of 
Fisheries a written statement, duly sworn to, show- 
ing the number, value, and number of pounds of game, 
food, f>r bait fish, or the eggs thereof, sold or disposed 
of during the year. The books and property of the 
persons licensed under this Article shall be open to 
the Department of Fisheries or its agents for inspec- 
tion at all reasonable times. 

Section 77. No person licensed under 
shall in any manner stock or maintain 
lishments with any species of game-fish, 
bait-fish, or eggs therof, taken from 
witliin this Commonwealth not owned, 
controlled by them. This section does 
the excliange of fish eggs or the fry of 



Illegal tak- 
ing of fish. 



this Article 
their estab- 
food-fisli, or 
any waters 
occupied, or 
not prohibit 
any species 



of game, food, or bait fish, with the Department of 
Fisheries. 

Section 78. A license issued under this Article 
authorizes the licensee or his agent to kill, after five 
days' notice to their owner, if known, any domestic 
bird or fowl trespassing on the w^aters or lands con- 
trolled, used, or occupied entirely for the artificial 
propagation of fish. Such license also authorizes the 
licensee or his agent to kill any wild birds or wild 
animals destructive to fish life whenever found on 
such waters or lands. 



Invoice 
sale. 



of 



Display of 
invoice. 

Sale per- 
mitted for 
six day.s 
after date of 
invoice. 



Report of 
licensee. 

Contents. 



Inspection 
of property 
;in(l records. 



Illegal use 
of fish for 
stocking. 



Lawful ex- 
change of 

fish. 



Lawful kill- 
ing of do- 
mestic fOAVls. 

Lawful kill- 
ing of wild 
birds and 
aninals. 



106 GAME, FISH, AND FORESTRY LAWS. 

iiit'sai pio- Section 79. No person shall artificially propagate 

I'HiiHtion of game, food, or bait fish, without first procuring the 

'i-^'' license provided by this Article. No person receiving 

a license as provided by this Article shall operate a 

propagating plant different from that designated in the 

license. No person operating a propagating plant, for 

which a license has been issued for the operation of 

such plant, shall catch fish out of any stream flowing 

over the property of the licensee. 

Uiiiawtu) Section 80. No person shall fish, ny trespass witli 

trespass. intent to fish, in or upon any waters, or bed or banks 

of any waters, or any banks, owned, controlled, or 

Unhnvfiii de- occupied by persons licensed by this articlo. No pei-- 

striictioii ut son shall wilfully or maliciously destroy, or damage. 

propagating^- ^^^^y ^onds^ property or appliances whatever of a 

^' ^" ■ , propagating plant licensed under this Article. No 

intcrfprtnce person shall interfere, or obstruct, pollute, or diminish, 

with flov' of the natural floM^ of water into or through, a propagat- 

^^'''*^'^'' ing plant licensed under this Article. 

Violation Section 81. Any person violating any provision of 

this Article is guilty of a misdemeanor, and shall, on 

conviction, in the manner provided by Article thirteen 

Pf'iiait.v .■ of this act, be sentenced to pay a fine of one hundred 

dollars. 

ARTICLE IX. 

Dams, Fishways, Bar-racks, Obstructions. Etc. 

Dams, fish- Scctiou 85. Any person now or hereafter erecting 

\vays, bar- ^j. maintaining a dam in the waters of this Common- 
struotions wealth shall immediately, on a written order from tin* 

etc. Commissioner of Fisheries, erect therein such chutes, 

Erection of slopes, fishways, gates or other devices, as the Board 
fishways, ^^f Fishery Commissioners may deem necessary to cn- 

orfier"o^'" '^^^^ ^^^^ ^^^ ^^ ascend and descend the waters at all 
Coininis- seasons of the year. 

sioiipr of Section 86. Every such chute, slope, fishway, gate, 

Fisheries. qj. other device, shall be maintained, open and in 

:>raintenanre good order and repair, by the person owning or main- 
|!tr '^^'*^^^'^^' taining such dam, until such dam is removed, raised, 

or rebuilt. 
ciosiiifr for Section 87. Any chute, fishway, or other device 

'■•P'l'rs. aforesaid, may be closed for repairs at the time of 

low water, but siich closing shall only be for a period 

of thirty days at any one time. 



GAME, FISH, AND FORESTRY LAWS. 



1!)7 



Section 88. Any person neglecting or refusing to 
comply with sections eighty-five and eighty-six of this 
Article, within three months from the date of notice 
piovided in section eiglity-five of this act, shall forfeit 
and pay the sum of one hundred dollars for every 
month such person so refuses or neglects. Such sum 
shall be recovered by civil suit or process in the name 
of the Commonwealth. 

Section 89. If, after the lapse of three calendar 
months from the date of notice provided by section 
eighty-five of this act, the person owning or maintain- 
ing such dam neglects or refuses to erect or place or 
maintain, unchanged, open, and in good order and 
repair, the appliance as directed by the Commissioner 
of Fisheries, said Commissioner is authorized to enter 
upon such dam and erect such slope, chute, fishway, 
or gate, or make such repairs, as : may have been 
directed as aforesaid. The cost thereof shall be 
charged against the person owning or maintaining 
such dam, by the Commissioner of Fisheries, and may 
be recovered by civil suit and process in the name of 
the Commonwealth. 

by reason of any dam having 
to any requirements by law of 
slopes, or fishways therein, or 
the owner or person maintain- 
to pay the 
slope, or fishway. as 
by the "Commissioner of Fisheries, such cost 



Section 90. Where, 
been constructed prior 
the placing of chutes, 

for any otlur reasons, .-- , - , 

ing such dam cannot be compelled by laAv 

cost of erecting such chute, 

♦directed 



shall be paid bv the Commonwealth of Pennsylvania 
out of such funds as may be appropriated therefor. 
Section 91. No person owTiinr, leas -g:. or main- 



taining >! <: 



.-ii". holding back waters 'nhabited by fish, 
shall draw off such waters without first applying for 
written permission from the Department '>f Fisheries; 
nor shall nnv such person obstruct the How of water 
throng]) anv such dam, without allowing sufficient 
wat^-. at all times, to flow in the natural streain on 
Avliirh such dam is located, to enable the fish to live. 
Anv person violating the provisions of this section is 
guiitv of a misdemeanor, and, on conviction as pro- 
vided in Article thirteen of this act, shall be sentenced 
to pav a fine of one hundred dollars for each offense. 
Section 92. No person shall fish, except with a 
rod, hook, and line, within one hundred feet of the 
lower end of anv fishway or dam, or within such other 
distance as the Commissioner of Fisheries may de- 
termine. Such distance shall be plainly posted on the 



I'ciialtv. 



Failure to ■ 
comply «i1h 
orcitT of 
Commissioner 
of Fisheries. 



When fish- 
ways, et<'., 
may be con- 
st nietert liy 
Con'missioncr 
of Fisheries. 



Unlawful 
draAvtng off 
of Avater. 



Obstruction 
of flow of 
water. 



Penalty. 



Illegal fish- 
ing at fish- 
waj's anrl 
dams. 



198 



GAME, FISH, AND FORESTRY LAWS. 



I'enaltj'. 



Sfieeuing 
raceways, 
rtnnips, etc. 



Penalty. 



Aftiou upon 
failure of 
owner to 
place screen. 



Owner to 
l)ay cost of. 



T'nlawful ob- 
struction of 
niisration of 
tisli. 



Penalty. 



Ittinoval of 
"ilt.struction.s. 



fishway or adjacent shore. Any person violating tlie 
provisions of this section is guilty of a misdemeanor, 
and, on conviction as provided in Article thiiteen of 
this act, shall be sentenced to pay a fine of one hun- 
dred dollars. 

Section 93. Any person owning or maintaining a 
race-way, flume, or inlet-pipe, leading to a water- 
wheel, turbine, pump, or canal, shall immediately, 
upon receipt of a written order from the Commis- 
sioner of Fisheries, placir'and maintain a bar-rack, of 
not less than one-half inch, nor more than an inch and 
a-half space between the bars, in or near such race- 
way, flume, or inlet-pipe, sufiicient to prevent fish from 
entering therein. Any person refusing or neglecting 
to comply with such order for a period of one month 
shall forfeit and pay the sum of one hundred dollars, 
which shall be itcovered by civil suit and process in 
.the name of the Commonwealth. 

Section 94. If, one month aftor the notice provided 
in section ninety-two of this act, the person owning 
or operating such raceway, flume, or inlet-pipe has not 
placed such bar-rack as may have been directed. th<' 
Commissioner of Fisheries is authorized to enter upon 
such raceway, flume, or inlet-pipe, and place a bar- 
rack, of not less than one-half inch nor more t^ian 
an inch and a half space between the bars. The cost 
thereof shall be charged against such owner or opera- 
tor, and if not promply paid may be recovered by ci^■il 
suit and process in the name of the Commonwealth. •• 

Section 9.5. No person shall place any device or 
object in the waters within this Commonwealth in 
such a manner as to obstruct the migration or passage 
of fish therein, or to obstruct any fishway. Any i)er- 
son violating the provisions of this section is guilty 
of a misdemoanor, and. on conviction as provided in 
Article tliirteon. shall be sentenced to pay a fine of 
one hundrod dollars. 

Section 96. Any obstruction in the streams of this 
Commonwealtli, not permitted by law, shall, when 
found, be immediately removed by any Fish Commis- 
sioner, fish-warden, sheriff, or other peace officer. 



I'ollution and 
trespass on 
State Hatcli- 
eries. 



ARTICLE X. 

Pollution, Trespass on State Hatcheries. 

Section 100. No person shall put or place in any 
w;aters of this Commonwealth any electricity, explo- 
sives, or any poisonous substances whatsoever, for 



GAME, FISH, AND FORESTRY LAWS. 



199 



the purpose of catching, injuring, or killing fish. No 
person shall allow any substance of any kind or char- 
acter, deleterious, destructive, or poisonous to fish, 
to be turned into, or allowed to run, flow, wash, or 
be emptied into, any waters within this Common- 
wealth, unless it be shown to the satisfaction of the 
Commissioner of Fisheries or to the proper court that 
every reasonable and practicable means has been used 
to abate and prevent the pollution of waters in ques- 
tion by the escape of deleterious substances. 

Section 101. The preceding section of this article 
does not prohibit the use of explosives for engineer- 
ing purposes, when a written permit has been given 
therefor by the proper National, State of municipal 
government authorities. 

Section 102. Any person violating the provisions 
of this Article shall, on conviction as provided in 
Article thirteen of this act, be sentenced to pay a 
fine of one hundred dollars. 

Section 103. In prosecutions under this Article, for 
the pollution of waters by substances known to be 
injurious to fish or to fish food, it shall not be neces- 
sary to prove that such siibstances have actually 
caused the death of any particular fish. 

Section 104. No person shall fish, or trespass with 
intent to fish, either upon any waters, or bed or banks 
of any water, or any lands controlled or owned or 
occupied by the Department of Fisheries. No person 
shall wilfully or maliciously destroy or damage any 
ponds, property, or appliances, whatsoever, of the De- 
partment of Fisheries ; nor interfere, obstruct, pollute, 
or diminish the natural flow of water into or through 
any State hatchery. Any person violating the pro- 
visions of this section shall, on conviction as provided 
in Article thirteen of this act, be sentenced to pay a 
fine of one hundred dollars. 



Unhnvful 
placing of 
fcxplosivos, 
eU'., and 
pollntiwu. 



Explosivos 
for ensinoer- 
ing purposes. 



Viola tiun. 

Penalty. 

Unneeossa ry 
to prove kill 
ins; of fish. 



Unlawful 
trespass on 
State Hatch- 
ery. 

UnljAvful de- 
struction or 
pollution 



Penalty. 



ARTICLE XL 

Sale of Fish Markets, Hotels, Etc. : Reports. 

Section 110. No person, and no proprietor, mana- Sale of fish. 
ger, clerk, or agent of any market, hotel, boarding- 
house, eating-house, restaurant, or saloon, shall pur- 
chase, sell, or expose for sale, whether caught within 
or without this Commonwealth, any brook trout, or 
any species of trout, except lake trout, any small 
mouth bass or large mouth bass. No person, and no 



Unlawfiil 
sale. 



UnlaA\fu] 
purchase 
hire. 



or 



200 



GAME, FISH, AND FORESTRY LAWS. 



Report of 
sale of lish. 



Penalty. 



Employment 
of guides. 



Fish artifi- 
cially propa- 
gated. 



proprietor, manager, clerk or agent of any market, 
hotel, boarding-house, eating-house, restaurant, or 
saloon, shall contract with or employ any person to 
catch and keep such fish for him. by the day or other- 
wise. 

Section 111. A person engaged in catching fish for 
market, or who may be engaged in the sale of fish, 
shall, on demand of the Commissioner of Fisheries, 
furnish at the close of each calendar year a duplicate 
statement of their sales of fish and the gross amount 
of money realized. The contents of such reports shall 
be used by the Department of Fisheries entirely for 
statistical purposes. The contents of such renorts. «o 
received by the Department of Fisheries, shall not be 
made public without the written consent of the owner. 

Section 112. Any person violating the i)rovisions of 
this Article is guilty of a misdemeanor, and, on con- 
viction as provided in Article thirteen of this act, 
shall be sentenced to pay a fine of twenty-five dollars. 

Section 113. This Article does not prohibit any per- 
son from employing a guide to accompany him when 
fishing. 

Section 114. This Article does not apply to fish 
artificially propagated and sold under the authority 
of Article eight. 

ARTICLE XII. 



Powers of 
Coniniissiuner 
of Fisheries, 
etc. 



Permission to 
take ftsli 



Report. 



Commissioner of Fisheries : General Powers and Du- 
ties ; Fish-Wardens ; Appointments, Powers, Compen- 
sation. 

Section 120, as amended by act of July ^h, 1919, 
P. L. 200. 

Section 120. The Commissioner of Fisheries may 
grant permission to catch fish in any of the waters of 
this Commonwealth, at any season of the year and 
with any kind of nets or devices, for a period not 
exceeding one year, to a person engaged in scientific 
research, or for the propagation of fish and the stock- 
ing of waters therewith. Persons permitted to fish 
pursuant to the foregoing provision of this section 
shall make a return, in writing, to the Commissioner 
of Fisheries, of all fish caught by them, Und also the 
use made by them of the fish so caught. 



GAME, FISH, AND FORESTRY LAWS. 



201 



The Commissioner of Fisheries shall issue a special 
l)ei"mit for seines other than those otherwise provided 
for, for o«tlines, fyke nets, dip nets, eel racks, spears, 
bui-r hooks, and loops or snares, for purposes other 
than artificial propagation, upon written application 
^therefor and signed by the applicant. Such permit 
*shall be known as a ''special device permit," and shall 
authorize the person to whom issued to ca1«'h food fisli 
for such a pci-iod and undiM- sucli conditions and re- 
stricti'ins as tl"> Commissioner of Fisheries may pr*'- 
scr.']^ . S]>eoi:il (l(>\ice permits shall be iss--vd for the 
use of eel r.-'^cks for neriod^ • "t'^nding ^^■' h)i),a"er than 
from th*^' fift''>iitli day of August until the fifteenth 
day of X o'.finbcr. of each year (both days inclusive). 
Such permits shall be issued for the u-e of outli^tps. 
fyke nets, dip nets, and spears, for periods extending 
no longer than from the fifteenth day of Anril until 
the fifteenth day of November of each year (both days 
inclusive) ; and for the use of burr hooks, and loops, 
or snares for periods extending no lo^ "er than from 
the fiftcnth day of April of each yeai- v'V the fifteenth 
day of January of the following year 'b-)th days in- 
clusive). The permit shall be revok'd by the Com- 
missioner of Fisheries upon violation of anv condit'on 
or restriction upon which it is issued or of any pro- 
vis'on of this act. 

S«>ction 121. The Commissioner of Fisheries may 
catch fish in any of the waters of this Commonwealth, 
at any season of the year and with any kind of nets 
or devices. The Commissioner of Fisheries may pro- 
mulgate such rules and regulations for the angling, 
catching, or removal of fish in or from any waters, 
artificial or otherwise, wholly within this Common- 
wealth, as are not inconsistent with any provisions 
of this act or other constitutional or statutory pro- 
vision. 

Section 1*22, The Commissioner of Fisheries shall 
make free distribution or planting of the fish produced 
at the State fish hatcheries, or otherwise acquired, in 
the following order or preference : First. To the pub- 
lic waters of the Commonwealth within the State 
forestry reserves. Second, To the public school au- 
thorities and to persons connected with institutions 
of learning, w^ho may apply for the same for educa- 
tional purposes, or for scientific research, and to per- 
sons applying for fishing culture for aquariiim pur- 
poses and show ponds. Third, To the waters within 
this Commonwealth, the bed and banks of which are 



Spocia! ilovip 

:uits. 



Taking fish 
by Commis- 
sioner of 
Fisheries. 



Promulgation 
of rules anfi 
reaiilations. 



Distribution 
of fish. 

Public 
waters on 
State lands. 

Educational 

purposes. 



202 GAME, FISH, AND FORESTRY LAWS. 

Water-s flow- tli<^ subject of private ownership, upon a written appli- 
iiig throuirii oatiou of one or more of the owners or lawful oecu- 
private pants thereof. Fourth. To the waters within this 

" ■"• Commonwealth, the bed and banks of which are the 

Waters flow- subject of private ownership, but whose owners arc 
ing thitmaii non-residents and unknown, or whose owners, by habit 
lamis owiu'd ^m] custom, permit the public to fish therein. The* 
lient" " '"^'^^ Commissioner of Fisheries may distribute and plant 

fish without an application therefor, 
obt- inri" Section 123. Any person who shall, by false rep- 

tish 'bv taise rcsentation. receive fish from th(^ Department of Fish- 
repre/enta- eries, and plant the same in waters where the public 
tion. are not allowed to fish, shall, on conviction in the 

manner provided by Article thirteen of this act, be 
Penalty. sentenced to pay a fine of twenty-fi\e dollars for each 

offense. 
Watf>>i open ^^^^' ^^^^^^^"'^^ stream or lake in this Commonwealth, 

to' pubiiv . which has been or may be stocked with fish furnislied 
by the Commonwealth or the Department of Fisheries, 
shall be open to the public for the purpose of lawful 
d ni'i-i"v"^ ^^^ fishing- ; but nothing in this section shall be so con- 
strued as to free any person trespassing on the lands 
of any person in this Commonwealth, from liability 
for any damage he may do to said lands or the im- 
provement thereon, or to any crops or livestock or 
poultry thereon. 

Section 124. The Commissioner of Fisheries is 

authorized to set aside, at his discretion, such small 

streams and lakes as he may judge best, as nursery 

streams or lakes, in which fisliing shall be prohibited 

at all times of the year. Before setting aside such 

streams or lakes, the Commissioner of Fisheries shall 

give public notice of closing of such streams or water. 

by publishing the prohibition and the duration thereof 

in two newspapers of general circulation, published in 

the county or counties where such stream or water, 

is located, once a week for three consecutive weeks. 

Notice on Notice of such closing shall also be posted at the out- 

.streanis or let of the stream or lake so closed and at intervals of 

J*'^'^^- three hundred yards along the banks thereof. Any 

person fishing, catching, or killing any fish, from any 

stream or water so closed, shall on conviction in the 

Penalty. manner provided by Article thirteen, be sentenced to 

pay a fine of one hundred dollars. 
*V^F-si""w— Section 125. The Commissioner of Fisheries, witli 
dens '^ '^^ ^^^y advice and consent of the Board of Fishery Com- 
mission, is authorized to appoint sixty-five competent 
citizens of this Commonwealth as fish-wardens. The 



Closinfr 


of 


nursery 




streams 


or 


lakes. 




Not '«^o 


ill 


newspa] 


IK-rs 



GAME, FISH, AND FOIIESTRY LAWS. 



203 



Coinmissionor of 
by and with the 



Fisheries shall, from 
advice and consent of 



time to time, 
the Board of 
such wardens 



Fishery Commission, designate one of 
as chief warden, who shall rnnnin as such during the 
l>lensure of the Commissioner of Fisheries and shall 
perform such duties as the Commissioner of Fislieries 
nuiy prescribe. The chief warden shall have the direc- 
tion and control of other wardens under the direction 
of the Commissioner of Fisheries. 

Section 126. Fish-w^ardens appointed under the pre- 
ceding section shall hold office during the pleasure of 
the Commissioner of Fisheries. Fish-wardens shall 
receive such compensation for their services as the 
Commissioner of Fisheries and the Board of Fishery 
Commission may determine, and sliall be allowed such 
expenses as may be deemed by the Commissioner of 
Fisheries and the Board of Fishery Commission just 
and reasonable. 

Section 127. A tish v/arden shall have power — 

(a) To enforce all the laws of the CommonAvealth 
relating to fish ; 

(b) To execute all wan-ants and search-warrants for 
the violation of the fish laws ; 

(c) To serve subpoenas issued for the examination, 
investigation, and trial of all offenses against the laws 
relating to fish ; 

(d) To carry fire-arms or other weapons in the per- 
formance of his duties ; 

(c) To search, without warrant, any boat, convey- 
ance, vehicle, fish-box, bag, coat, basket, or other 
receptacle for fish, when he has reason to believe that 
any provision of any law of this Commonwealth relat- 
ing to fisli has been violated : 

(f) To seize and take possession of any and all fish 
which may have been caught, taken, or killed at any 
time, in any manner or for any purpose, or had in 
possession or under control, or have been shipped or 
about to be shipped, contrary to the laws of this Com- 
monwealth : fish so seized shfill be disposed of in any 
manner as the Commissioner of Fisheries may direct ; 

(g) To enter upon any land or water in the per- 
formance of his duty ; 

(h) To demand and secure proper assistance in case 
of emergency ; 

(i) To purchase fisli for the purpose of securing 
evidence. 



.Chief 
den. 



War- 



Tenure 
office. 



ol 



Compcnsa- 

tiuu. 



Expcitses. 



I'owers 
Fi:^h W 
(lens. 



of 
;ir- 



L'()4 



GAME, FISH, AND FORESTRY LAWS. 



liL'Oorcl and 
ifpoit of 
wanlens. 



U('pi»rt t 

("lii.'f 

Wiuden. 



Aiipoiiitnient 
of Spprial 
Fish War- 
dens. 



F:xpiration. 



Powers. 



Not. entitled 
to i-emuner- 
atioa. 



Exopption. 

{"ompensa- 
tion. 



Issuance •f 
Inilletins. 



Annual r^ort 
of Commis- 
sioner. 



The 
the 

the 



Section 128. Each fish warden shall koep a record 
of his official acts, receipts, and expenditures ; and 
shall at the close of each month make a summary of 
such record, with such detailed information as may be 
necessary for the information of, or be required by, 
the Dei)artment of Fisheries. Such summary shall be 
immediately sent to the chief warden. The chief 
warden shall report to the Commissioner of Fisheries 
any negligence or incompetency on the part of any of 
fiK^ fish-wardens, with the facts relating thereto. The 
chief warden shall report montlily, to the Commis- 
sioner of Fisheries, his operation during the preced- 
ing month, and shall make such other reports as may 
be required by the Commissioner of Fisheries, 
chief Avarden shall annually report, in writing, 
operations of himself and subordinates during 
year to the Board of Fishery Commissiou. 

Section 129. The Commissioner of Fisheries, on 
written application of a properly organized fish pro- 
tective association, or on the written application of 
any association or individual owning or leasing waters, 
mav appoint one or more special fish-wardens for the 
county in which the application is made. The Com- 
missioner of Fisheries may appoint special fish-war- 
dens to act anywhere within the Commonwealth. Al[ 
special fish-wardens appointed under the authority of 
this section, may exercise the pow^ers of their appoint- 
ments until the thirty-first day of May next succeed- 
ing the date of their appointment, and no longer. 
Special fish-wardens shall have the same powers and 
shall make the same reports as is conferred on and 
required from other fish wardens. 

Section 130. A special fish-warden 
entitled to any salary, compensation, or 
his services, from the Commonwealth, 
special fish-warden shall be detiiiled. by 
duty by the Commissioner of Fisheries ; in which case 
the Commissioner of Fisheries may make a per diem 
allowance for compensation and reasonable expenses, 
out of any moneys available for the compensation and 
expenses of other fish-wardens. 

Section 131. The Commissioner of Fisheries, with 
the authority of the Board of Fishery Commission, 
may issue such bulletins relating to fish culture and 
fish protection as he deems best for the interests of 
the work of the Department of Fisheries. The Com- 
missioner of Fisheries shall make a report annually 



shall not be 
expenses for 
unless such 
writing, for 



GAME, FISH, AND FORESTRY LAWS. 



205 



to the Governor of the operations of the Department 
of Fisheries. 

Section 132. The several provisions of this act are 
independent of each other, and in the event of any 
provision being declared unconstitutional, it is hereby 
declared as the legislative intent that such section may 
be eliminated therefrom without affecting any other 
provision of this act. 

ARTICLE XIII. 

ENFORCEMENT OF THE ACT: 

Crimiiinl Procedure. 

Section 140. Any Fish Commissioner, fish-warden, 
special warden, sheriff, constable, or any special of- 
ficer, or any peace officer in this Commonwealth, is 
hereby authorized and required to proceed, with such 
force of the county as may be necessary, to destroy 
any device for catching fish used contrary to or pro- 
hibited by law in any of the waters within this Com- 
monwealth. Such officers are hereby required to ar- 
rest, witli or without warrant, any person owning, 
placing, or using such device, or violating any provi- 
sion of this act. 

Section 141. Such officers are authorized and re- 
quired to apprf'hend and arrest, and immediately take 
any person guilty of any violation of this act before 
any alderman, magistrate, or justice of the peace, who 
shall forthwith hear and determine such charge in the 
manner herein provided. 

Section 142. In case of any Fish Commissioner, 
fish-warden, or any other officer hereinbefore named, 
fails to prove his case, and the defendant is discharged, 
or in case the defendant is convicted and sent to jail, 
in lieu of the payment of fine, the county in which the 
cas" is heard shall pay the costs. 

Section 143. Such arrests may be made on Sunday, 
or any legal holiday: in which case the person so 
arrested shall be taken before the proper officer, and 
proceeded against on the first lawful day following the 
arrest. 

Section 144. Any sheriff, deputy sheriff, constable, 
special officer, or other peace officer of this Common- 
wealth, refusing or neglecting to proceed with such 
force of the county to forthwith remove and destroy 
any existing device illogaly used for the catching of 
fish within its jurisdiction, after being notified in writ- 



Provisions, 
independent 
of enet! 
other. 



EHforeement 
and pro- 
cedure. 

Destruction 
of iDegal 
devices. 



Arrests. 



Arrest and 
hearinsr. 



Payment of 
costs. 



Arrests mad« 
on Sunday. 



Refusal or 
neg-lect to 
enforce. 



206 



GAME, FISH, AND FORESTRY LAWS. 



Penalty. 



Interference 

with 

officers. 



Penalty. 

Prima facie 
evidence. 



Atliflavit. 



Warrant. 

Hearing, 
i^ontenco. 



.Appeal. 



ing of the existence of such illegallj' used device ; or 
any such officer neglecting or refusing to remove or de- 
stroy any such illegal device for catching fish within 
the Commonwealth, of which he shall be cognizant, 
shall, on conviction as provided herein, be sentenced 
to pay a fine of fifty lollars. 

Section 145. Any person who shall, by threat, 
menace, or force, or in any manner, attempt to deter 
or prevent any fish-warden, or other person authorized 
to make arrests for violation of the fish-laws, from 
enforcing or carrying into effect any provision of this 
act, or who shall resist the seizure of boats, devices, 
or nets illegally used, shall, on conviction, thereof as 
provided herein, be sentenced to pay a fine of one 
hundred dollars. 

Section 146. In all cases of arrest for the violation 
of any of the provisions of this act, the possession 
of the fishes or of the nets, or the possession of or 
operation of any other device herein prohibited, shall 
be prima facie evidence of the violation of this act. 

Section 147. Any alderman, magistrate, or justice 
of the peace, upon information or complaint, made 
to him by affidavit of one or more persons, charging 
any person with having violated any of th(^ provisions 
of this act, or any of the rules and regulations adopted 
and promulgated by the Commissioner of Fisheries 
pursuant to this act, is hereby authorized and re- 
quired to issue his warrant, under his hand and seal, 
directed to any constable, peace officer, or warden, 
and shall cause such person tf) be arrested and brought 
before such alderman, magistrate, or justice of the 
peace, who shall hear and determine the guilt or in- 
nocence of the person or persons so charged. 

Section 148. If convrcted, such person shall be sen- 
tenced to pay tlie fine provided in this act for such 
violation, together with the costs of suit. The person 
so convicted shall, on failure to pay such fine, be 
sentenced by such alderman, magistrate, or justice of 
the peace, to undergo imprisonment in the county 
jail of the county in which sucli conviction takes place, 
for a period of one day for each dollar of fine so im- 
posed, unless the person so convicted shall give notice 
of an intention to procure a writ of certoirari, or 
appeal ; in which case such person shall be permitted 
to enter into good and sufficient recognizance to appear 
before such justice, alderman, oi* magistrate, on or 
before the expiration of five days, if such appeal or 



GAME, FISH, AND FORESTRY LAWS. 207 

certiorari is not taken by them, or on the final deter- 
mination of the same if it be not sustained, for execu- 
tion of sentence. 

Section 149. As amended bv the act of July 9th, 
1919, P. L. 799. 

Section 149. All fines imposed for the A'iolation of Disiuisitiun 
any provisions of this act shall be forthwith paid by and use of 
such alderman, magistrate, or justice of the peace, to fine;!, 
the Department of Fisheries, at Harrisburg. All "moneys. 
moneys received or recovered by the Department of 
Fisheries under any provision of this act shall be 
immediately paid into the State Treasury, where it 
shall be kept as part of a fund, separate and apart, 
to be used solely, under the direction of the Dc- f,^^i.'^ *^ 
partment of Fisheries, for the purpose of the pay- 
ment of the salaries of the Commissioner of Fisheries, 
clerks, stenographers, fish wardens, traveling expenses, 
counsel fees, court expenses, and contingent expenses, 
for the propagation, protection and distribution of 
fish, the stocking of the waters and the employment of 
necessary labor and the purchase of material and im- 
plements therefor, for necessary repairs and improve- 
ments to fish hatcheries, for field work, gathering 
spawn, transferring fish and the employment of neces- 
sary labor and the purchase of necessary implements 
therefor, for the purchase of necessary land and water 
supplies to State fish hatcheries, for the purchase and 
erection of buildings, ponds, and other extensions in- 
cidental to State fish hatcheries, for the maintenance 
and operation of a boat on Lake Erie and the cruiser 
Anna at Torresdale on the Delaware river, and for 
the dredging of channels, ponds, and the making of 
improvements on Presque Isle Peninsula and the ap- 
proach to the fish hatchery at Erie. 

All moneys in such separate fund from time to time 
are hereby specifically appropriated to the Department 
of Fisheries, and may be expended for the purposes 
hereinbefore enumerated. The Auditor General shall, 
upon requisition from time to time of the Commis- 
sioner of Fisheries, draw his warrant on the State 
Treasurer for the amount specified in such requisition, 
not exceeding however the amount in such fund at tlie 
time of making such requisition. 

Section 150. As amended by act of July 9th, 1919, 
P. L. 799. 

Section 150. All actions for violation of any pro- Actions. 
visions of this act shall be taken within one year from 
the time the offense is committed. 



208 



GAME, FISH, AND FORESTRY LAWS. 



Disposition 
of illegal 
devices. 



Record. 



Construction 
and repeal. 

Exclusive 
system fur 
inland 
waters. 

Act of May 
22, 18S9, (!'. 
L. 261). 



Act of Miiv 
■S, 187G. I r. 
L. 146). 



Act of April 
2, 190S, (P. 
L. 128). 



Section 151. All boats and legal devices, used un- 
lawfully and forfeited to the Department of Fisheries 
under any of the provisions of this act, shall be sold 
by the Commissioner of Fisheries, or destroyed by 
his order. All unlawful nets or devices, not preserA<>d 
for exhibition purpost s by the Department of Fish- 
eries, shall be destroyed by the Commissioner of 
Fisheries, or by his order. Records shall be made 
<»f all such sales or destruction, an the books of the 
D(^l)artment. 

ARTICLE XIV. 

Construction and Repeal. 

Section 152. It is the intent of this act to prescribe 
a complete and exclusive system for the angling, catch- 
ing, and propagation of fish in waters wholly within 
the limits of the Commonwealth of Pennsylvania. 
Nothing in this act shall repeal or affect any of the 
following statutes ; to wit, — 

An act approved May twenty-second, one thousand 
eight hundred and eighty-nine (Pamphlet Laws, two 
hundred and sixty-one), entitled "An act for the pro- 
tection of shad, and game-fish in the river Delaware." 

An act approved May eighth, one thousand eight 
hundred and seventy-six (Pamphh't Laws, one hun- 
dred and forty-six), entitled "A supplement t(» an act. 
entitled 'An act to amend and consolidate the several 
acts relating to game and game-fish,' approved May 
first, Anno T>omini one thou:^and eight hundred and 
seventy-thn-c ; to require all persons engaged in any 
of the manufacturing interest of this State, accustomed 
to the washing of iron an dotlier ores, and of coal 
preparatory to its use for cokeing, and engaged in 
the business of tanning, to prepare a tank or other 
suitable receptacle into which the sediment, culm, or 
coal dust, the offal, refuse, and the tan bark, and 
liquor therefrom, used in tanning, so far as is prac- 
ticable, may be prevented from passing into or upon 
any of the rivers, lakes, ponds, or streams of this 
Commonwealth." 

An act approved April second, one thorisand nine 
hundred and three (Pamphlet Laws, one hundred and 
twenty-eight) entitled "An act to establish a Depart- 
ment of Fisheries, to provide for its proper adminis- 
tration ; and to provide for the protectioD and propa- 
gation of fish by the Department of Fisheries." 



GAME, FISH, AND FORESTRY LAWS. 'JOy 

An act approved May first, one tlionsaiid nine hun- Act of Muy 
dred and nine (Pamphlet Laws, tliree hundred and i, i^^oy, ii*. 
nine), entitled 'An act to encourage the propagation ^- 309*. 
of fish, and to regulate the catching, taking, and de- 
struction of fish in the Delaware River below Trenton 
Falls, within the jurisdiction respectively of the Con- 
monwealth of Pennsylvania and of the State of New 
Jersey; and providing penalties for violation of its 
provisions, and to repeal acts inconsistent therewith." 

An act approved May eighth, one thousand nine Act (.f Mhv 
hundred and nine (Pamphlet Laws, four hundred and 8, 1!h)9. (P. 
eighty), entitled "An act to encourage the i)ropagation ^- -^^ti' 
of fish in the Delaware River above Troiiton Falls, 
within the jursidiction respectively of the Common- 
wealth of Pennsylvania and of tlic State of New 
Jersey; and providing penalties U^v violation of its 
provisions, and to repeal acts inconsistent therewith." 

An act approved April eigliteenth, one thousand ^pj „j- ^^,„.,| 
nine liui!d)ed and thirteen (Pamphlet Laws, one hun- is, uti:; (P 
dred). entitled "An act to classify the species of fish L. looi. 
in such parts of the boundary lakes of more than 
five thousand acres, as the Commonwealth has juris- 
diction over, and in the waters of any peninsula or 
in any bay adjacent to or connected with such lakes : 
to declare which fish are game-fish, which fish are 
food-fish, and which are minnows or bait-fish ; to 
protect and provide for the maintenance and increase 
of fish in such lakes; to regulate and ]irovide for 
the payment of license fees for the catching of fish 
from such boundary lakes, and prohibit the unau- 
thorized taking of fish from devices used by authority 
of such license ; to provide penalties and punishments 
for the violation of any of the provisions of this act ; 
and requiring the county wherein an offense is charged 
to pay costs of prosecution in certain instances ; and 
repealing all acts inconsistent herewith." 

An act approved April twenty-first, one thousand ^ct of April 
nine hundred and fifteen (Pamphlet Laws, one hun- ^' Iqq^- *^ 
dred and sixty), entitled "An act to give additional 
protection to the fish in the waters within the Com- 
monwealth of Pennsylvania ; prohibiting the fishing 
for. or capture or killing of, such fish by unnatural- 
ized foreign-born residents ; and prescribing penalties 
for violation of its provisions." 



14 



210 



GAME, FISH, AND FORESTRY LAWS. 



Does not ap- 
ply. 

Repeals. 

Act of May 
1, 1909, (i'. 
L. o5o). 



Tliis act does not affect any other statute, now ex- 
isting or hereafter passed, which- lelates to tiie angling 



Act of June 
H, 1911. (P. 
L. 050 J. 



General 
VeaJ. 



re- 



or 



catching 



of fish in any bounihary waters. 
Section 153. The act approved May first, one thou- 
sand nine hundred and nine (Pamphlet Laws, three 
Imndi-ed and fifty-three), entitled "An act to chissify 
the fish in the waters within this Commonwealth ; de- 
claring which are game-fish, which are food-fish, and 
which are bait-fish, and to regulate the catching and ^ 
sal(>, and encourage t\u) propagation of the same ; to 
protect the waters within this Commonwealth and 
unfair, improper, wasteful, and destructive fishing, 
mid to protect fish from being destroyed or injured by 
destructive means ; to provide for the appointment of 
fish-wardens, and to declare their official powers and 
duties; to encourage and regulate the propagation of 
fisli Avithin this Commonwealth, and regulate the free 
distribution of the same by the Department of Fish- 
eries, in the waters within the same ; to define powers 
and duties of the Department of Fisheries ; to regu- 
late the sale and shipment of fish artificially propa- 
gated for profit; to forbid the sale of unlawful de- 
vices for catching fish ; and to provide penalties and 
punishments for the violation of the provisions of this 
act, and providing how and by whom the costs shall hv. 
paid :" the act approved June third, one thousand nine 
hundred and eleven (Pamphlet Laws, six hundred and 
fifty), entitled "An act to amend the fifth section of 
an act, approved the first day of May, Anno Domini 
one tliousand nine hundred and nine, entitled "An 
act to classifv the fisii in the waters within this Com- 
monwealth ; declaring which are game-fish, which are 
food-fish, and which are bait-fish, and to regulate the 
catching and sale and to encourage the propagation of 
tlie same ; to protect the waters within this Common- 
wealth from unfair, imi)roper, wasteful, and destrucc- 
tive fishing, and to protect fish fi-om being destroyed 
or injured by destructive means, to provide for the 
appointment of fisli-wardens, and to declare their of- 
ficial powers and (hities ; to encourage and regulate the 
propagation of fish within this Commonwealth, and 
regulate the free distribution of the same by the De- 
partment of Fisheries, in the water within the same : 
to define powers and duties of the Department of 
Fisheries ; to regulate the sale and shipment of fish 
artificially propagated for i)rofit ; to forbid the sale 
».»f niihiwful devices for catching fish ; and to provide 



GAME, FISH, AND FORESTRY LAWS. 



211 



penalties and punishments for the violation of the pro- 
visions of this act, and providing how and by whom 
the costs shall be paid' by removing certain restrictions 
in fishing witn nets,"' — are hereby repealed. All acts 
or parts of acts inconsistent with this act are hereby 
repealed. The repeal by this act of any prior act 
shall not operate to revive any act or part of acts here- 
tofore repealed. 

This act shall become ef6ecti^•e January first, one 
thousand nine hundred and eighteen. 

Approved— The 28th day of July, A. D. 1017. 

MARTIN G. BRUMBAUGH. 



Effective 
January 1st, 
191S. 



AN ACT 

To revise, amend, and consolidate the law relating to jxay i6th, 
fish in certain boundary lakes, bays, and peninsular i9i9, P. L. 
waters. 1S4. 

Section 1. Be it enacted, &c., That : — 

ARTICLE I. 

Definitions. 

Section 2. The following terms, when used in this 
act, are employed, except where the context otherwise 
indicates, Nvith the meaning herein respectively as- 
signed thereto : 

•"Boundary lake" means such part or parts of lakes 
of more than five thousand acres, lying between this 
and any other State or foreign country, as this Com- 
monwealth has jurisdiction over. 

'"Bay" means a bay adjacent to, or connected with, a 
boundary lake as above defined. 

"Peninsular waters"' means water on any peninsula, 
which water is adjacent to, or connected with, a bound- 
ary lake as above defined. 

"Person" means an individual, copartnership, asso- 
ciation, or corporation, 

"Game fish" means all species or varieties of black 
or yellow bass, rock bass, calico bass or strawberry 
bass, crapnie bass, muscallonge, and grass pike. 

"Bait fish" means minnows and killifishes. 



Boundary . 
Lake. 



Bay. 

Peninsular 
waters. 

Person. 
Game fish. 



Bait fish. 



212 



GAME, FISH, AND FORESTKY LAWS. 



Food ftsh. 



Peiiiiissable 

methods dI' 
fishing. 



Number of 
fish which 
may be 
caught. 



Permissible 

time 

for lishiiig. 



Penalty. 



"Food fish" means all fish other than game fish 
ami bait fish as above defined. 

Singular number includes the plural. 

jNIasculine gender includes the feminine and neuter. 

ARTICLE II. 

Regulatory Provisions Applicable to Boundary Lakes, 
Bays, and Peninsular Waters. 

Section 5. Except as hereinafter otherwise specifi- 
cnlly provided, no person shall fish for or capture game 
fish or food fish in boundj)ry lakes, bays, or peninsular 
waters, in any manner, with any device, means, or 
method, other than 

(a) Rod and line having not more than three hooks. 

(b) Hand line having not more than three hooks. 

(c) Trolling line with spoon hoooks attached. 

(d) Spear, whicli may be used for catching carp 
and suckers only. 

Any person violating any provision of this sectoin 
shall, on conviction, be subject to a penalty of twenty- 
five dollars or, in default of payment, undergo impris- 
onment in the county jail for a period of one day for 
each dollar of fine imposed. 

Section 6. No person shall, in any one day, catch, 
kill, or have in possession, the same being killed, more 
than the number of fish herein designated for the 
respective species ; that is to say, 

(a) Rock bass, twenty-five. 

(b) Crappie, twenty-five. 

(c) Strawberry or calico, twenty-five. 

(d) Any species of black bass, twelve. 

(e) Any species of grass pike, twehc 

(f) Any species of muscallonge, twel\<'. 

Section 7. No person shall catch, takr. or have in 
possession, the same being killed, any game iish. from 
the first day of November to the thirtieth day of May 
next ensuing, both dates inclusive. 

Section 8. Any person violating the provisions of 
section six or seven of this act shall, on conviction, 
be subject to a penalty of five dollars for each and 
every fish caught, killed, or had in possession. In de- 
fault of payment, such person shall be imprisoned in 
the county jail for the period of one day for each dol- 
lar of fine imposed. 



GAINIE, FISH, AND FORESTRY LAAVS. 



213 



Section J). i\o person shall cause or allow any dead 
fish, fish offal, contents of tannery vats, planing mill 
sliavijigs, dyestuffs. coal — or gas tar. coal oil. sawdust, 
tan bark, cocculus indicus (othei-wise known as fish 
berries), lime, vitriol, or any of the compounds thereof, 
refuse from gas houses, oil tanks, pipes, or vessels, or 
any deleterious, destructive, oi' poisonous substances 
of any kind or character, to be turned into, or allowed 
to run. flow, wash, or be emptied into, any boundary 
lak'^s. bays, or peninsula watei-s. 

Any person violating the provisions of this section 
shall, on conviction, be subject to a penalty of one 
hundred dollars, or to undergo imprisonment in the 
county jail for six months, or both. 

Section 10. No persons shall fish in any boundary 
lake, bay, or peninsular waters, with electricity, quick- 
lime, or any kind of explosive, drug, or poisonous sub- 
stance. 

No persons shall place any such substance in such 
waters, except for engineering purposes and after writ- 
ten permission has been obtained from the proper 
national. State, or local authorities. 

Any person violating any provision of this section 
.shall, on conviction, be subject to a penalty of one 
hundred dollars, or to undergo an imprisonment in the 
county jail for a period of six months, or both. 

Section 11. Except by and with the consent of the 
Commissioner of Fisheries, no person shall catch, sell, 
or make use of any game fish or food fish or minor 
food fish for the purpose of making composts or other 
fertilizing mixture. 

Any person violating the provisions of this section 
shall, on conviction, be subject to a penalty of one 
hundred dollars, or to undergo an imprisonment in the 
county jail for three months, or both. 

Section 12. No person shall capture and kill any 
sturgeon under four feet in length, nor have in pos- 
session the carcass or flesh of any sturgeon under the 
length aforesaid. 

Any sturgeon of less than the said length of four 
feet which may be captured, must be immediately re- 
turned to the waters from which taken and in such a 
manner as to cause to the fish so returned the least 
possible injury. 



Pollution of 
water. 



Penalty. 



Unpermls- 
sible method* 
of fishing. 



Penalty. 



Use of flsh 
for fertil- 
izers. 



Penalty. 



Sturgeon. 



214 



GAME, FISH, AND FORESTRY LAWS. 



Rules aiid 
les'iilatious^ 



Minnow nets. 



Nets. 



Injurious lish 



Licenses for 
devices. 



Boats. 



Any porson violating any provision of this section 
sliall be subject, for each sturgeon illegally captured 
and killed or had in possession, to a penalty of twenty- 
five dollars, or to undergo an imprisonment in the 
county jail for the period of one month. 

Section 13. The Commissioner of Fisheries may 
make such rules and regulations applicable to any 
peninsula on which is located any peninsular waters, 
ns hereinbefore defined, as he may deem necessary for 
the protection of fish in such peninsular waters, or 
for the protection of any fish hatchery located on such 
neninsula. Such rules and regulations shall be posted 
in not less than five conspicuous places ori such penin- 
sula. Any person violating any such rule or regula- 
tion shall, on conviction, be subject to a penalty of 
fifty dollars. 

ARTICLE III. 

Regulatory Provisions Applicable Exclusively to Bays 
and Peninsular Waters. 

Section 20. The Commissioner of Fisheries is hereby 
empov.-ered to authorize the use of minnow nets for 
juigling or scientific purposes in any bay or penin- 
sular water. 

Section 21. The Commissioner of Fisheries or any 
representative of the- Department of Fisheries may, 
for the jjurnose of stocking the waters or for the pur- 
pose of taking spawn, catch fish with nets in such 
v.Titers at finy time of the year. 

Section 22. The Department of Fisheries may re- 
f^iove by means of nets, bv contract or otherwise, any 
fish which it may deem injurious to other fisli. 

ARTIVLE lY. 

Regulatory Provisions Apulicable ExclusiA'ely to 
Boundary Lakes. 

Soction 25. The Depnvfjiiont of Fisheries is hereby 
puthorized to issue a fishijig license unon written 
application therefor signed b.v the applicant, upon 
nayment of the licenso foe herein prescribed for the 
rosnective fishino- 'T- vif <? : that is to say. for each 

(a) Row or sail boat used in fishing with gill nets, 
ten dollars. 



GAME, FISH, AND FORESTRY LAWS. 



215 



( b) Boat, other than a row or sail boat, uiidor ton 
tons gross burden, twenty dollars. 

(c) Boat of from ten to twenty tons gross burden, 
thirty dollars. 

(d) Boat over twenty tons gross burden, forty 
dollars. 

(e) Pound net, twenty dollars. 

(f) Trap net or device, other than a pound net, Traps and 
not less than one dollar nor more than ten dollars, to derices. 
be determined and fixed by the Commissioner of Fish- 
eries. 

The Commissioner of Fisheries may re^■oke any Revocation oi 
license for violation of any provision of this art or for license, 
violation of any conditions in which the license was 
granted. 

Any person operating, or employing others to Penalty. 
operate, any boat, net, or device, without being licensed 
as hereinbefore provided, shall, on conviction, be sub- 
ject to a penalty of fifty dollars, or. in default of pay- 
ment, be imprisoned in the county .iail for a period of 
one day for each dollar of fine. All fish caught Avith Forfeitures, 
such unlicensed devices shall be forfeited to the De- 
partment of Fisheries. All unlicensed devices used in 
violation of the provisions of this act shall be forfeited 
to the Department of Fisheries. 

Section 26. No license sliall be issued except upon 
the condition that the operator of any boat so licenesd 
shall permit a person designated by the Commissioner 
of Fisheries to accompany such boat, at anv time 
when it is engaged in fishing, for tlie purpose of secur- 
ing for the use of the Department of Fisheries, from 
the fish so caught.^ so much of their spawn as the de- 
partment maj' desire. 

Section 27. No license sliall be issued to a resident 
of any State or county whose laws prohibit the issuing 
of a license to a resident of the Commonwealth of 
Pennsylvania. 

Section 28. Except as in this section hereinafter 
provided, no gill nets shall be licensed other than gill 
nets having a mesh of not less than three inches, 
stretched mesh fishing measure. 

Oill nets used in fishing for trout may be licensed, 
which have meshes of at least fi\e and one-half inches 
in size, stretched mesh fishing measure. 

No pound nets shall be licensed other than pound I'ound net.s. 
nets the cribs of which shall have a mesh of not less 
than two and one-half inches, stretched mesli fishing 
measure. 



Comity. 



Gill nets. 



216 



GAME, FISH, AND FORESTRY LAWS. 



TrHp nets. 



Dura t ion 



ExhiViitidiL 
lictr.ses. 



locations fur 



Penalty. 



Buoys attach 
to nets. 



Penalty. 



No trap nets shall be licensed other than trap nets 
of M'liich shall have a mesh of not less than two and 
one-half inches, stretched mesh fishing measure. 

Section 29. Licenses issued under the authority of 
this article shall be good for the calendar year in 
which issued. Such licenses shall be carried by th(» 
operator of any boat, net. or device, for which issued, 
and shall be shown on demand to any fish warden, 
• •oiistable. deputy sheriff, fish commissioner, or any 
authorized representative of the Department of Fisli- 
cri'-s. 

Any person refusing to exhibit his license on de- 
mand as aforesaid, shall be subject to a penalty of five 
dollars, or, in default of payment, be imprisoned in 
the county .iail for one day for each dollar of fine. 

Section 30. No net, except a gill, or a net fastened 
to and supported by poles driven in the ground and 
known as a pound net. shall be set. fastened, drawn, 
or used, within sixteen miles from the entrancp to 
nny bay. nor within one-half mile from any stream. 
measured in a direct line. 

No gill net or pound net shall b^^ set. fastened, 
drawm. or used, within two miles of the entrance to 
anv bay. 

No net 
drawn, or 



of tliis section 
hundred dollars, 
for a period of 



of any character shall be set, fastened, 
used, within thore-fourths of a mile from 
sliore, measured in a direct line. 

A person violating any provision 
shall be subject to a penalty of on*^ 
or imprisonment in the county jail 
three months. 

Soction 81. No nets, except gill nets and pound 
nets, shall be set, fixed, or fastened, witliout having 
thereto attached a buoy, of at least eighteen inches in 
diameter, bearing a metallic tag on which shall be 
marked the owner's name and address, and which 
buoy must be plainly visible and above water at all 
times. 

A person A'iolating any provision of this section 
shall, on conviction, be sub.iect to a penalt^^ of twenty- 
five dollars and the confiscation of the net. Any net 
required to be buoyed which is found in the water 
without buoy as above provided, and the owner can- 
not be located, shall be confiscated to the Department 
nf Fislieries. 



GAME, FISH, AND FORESTllY LAWS. 



217 



Section 32. No person, except tlie owners thereof 
or their lepresentatives, shall remove or take fish from 
any device licensed under, and ojjcrated according to, 
the provisions of this act. 

A person violating any provision of this section 
shall, "on conviction, be subject to a penalty of ten 
dollars for each fish so unlawfully taken, provided the 
total amount of fines shall not exceed one hundred dol- 
lars for fish taken at any one time. In default of pay- 
ment, such person shall be imprisoned in the county 
jail for the period of one day for each dollar of fine. 

Any fish recovered shall be returned to the owner 
or owners from the net or device from which they 
were taken, and all boats and appliances used in un- 
lawfully taking the fish shall be forfeited to the De- 
partment of Fisheries. 

Section 33. No person shall catch, by means of any 
<levice for which a license is issued under the pro- 
visions of this act, any 

(a) Blue pike and sauger pike less than eleven 
inches in length. 

(b^* Yellow pike less than thirteen inches in length. 

(c) Yellow perch less than nine inches in length. 

(d) Ciscos not less than six ounces in weight in the 
round. 

(e) White fish not less than one and three-fourths 
pounds in weight in the round. 

Any person violating the provisions of this section 
shall bo subject to a penalty of ten dollars for each 
fish so taken or had in possession. 

The foregoing provisions of this section shall not 
apply to a person who, having caught any fish less 
than the size or weight permitted, returns such fish in 
the condition in which they were caught to the waters 
from which they were taken. 

Section 34. The Commissoiner of Fisheries is hereby 
empowered to authorize the use of minnow nets for 
angling or for scientific purposes. 

Section 35. The Commissioner of Fisheries may 
make such rules and regulations applicable to any 
boundary lak(\ as hereinbefore defined, as he may deem 
necessary for the protection of fish in such waters. 



Removing 
tish from 
devices of 
others. 

Penalty. 



Fish which 
may be 
caught (»y 
use of 
devices. 



Penalty. 



Minaow 
nets. 

Rules and 

regular 

tions. 



21S 



GAME, FISH, AND FORESTRY LAWS. 



Seiz\ire of 
devices. 



Arrest of 
offenders. 

Trial. 



Costs. 



When 
arrest 
jiiay bo 
made. 



^>nicers' 
failure to 
rerforni 
duty. 



['rnalty. 



Thre«t or 
Menaces 
to offi- 
cers. 



ARTICLE V. 

Provisions Relating to the Enforcement of the Act and 
the Disposition of Fines. 

Section 40. Any fish commissioner, fish warden, 
.special warden, sheriff, constable, or any special officer, 
Mr any peace officer in this Commonwealth, is hereby 
authorized and required to proceed, with such force 
of the county as may be necessary, to seize any device 
for catching fish used contrary to, or prohibited by, 
This act. Such officers are required to arrest, with or 
without warrant, any person owning, placing, or using 
.such device, or violating any provision of this act. 

Section 41. Such officers are authorized and re- 
quired to apprehend and arrest, and immediately take 
any Pf^rson guilty of any violation of this act before 
any alderman, magistrate, or justice of the peace, who 
.shall forthwith hear and determine such charge in the 
manner herein provided. 

Section 42. In case of any fish commissioner, fisli 
warden, or any other officer hereinbefore named, fails 
to prove his case and the defendant is discharged, or 
in case the defendant is convicted and sent to jail in 
lieu of the payment of fine, the county in which the 
case is heard shall pay the costs. 

Section 43. Such arrests may be made on Sunday 
or any legal holiday ; in which case the person so 
arrested shall be taken before the proper officf^r and 
proceeded against on the first lawful day following 
the arrest. 

Section 44. Any sheriff, deputy sheriff, constable, 
special officer, or other peace officer of this Common- 
wealth, refusing or neglecting to proceed, with such 
force of the county, to forthwith remove and destroy 
any existing device illegally used for the catching of 
fisli within its jurisdiction, after being notified in 
■u-riting of the existence of such illegally used device ; 
or any such officer neglecting or refusing to remove or 
destroy any such illegal device for catching fish within 
the Commonwealth of which he shall be cognizant, 
shall, on conviction as provided herein, be sentenced 
to pay a fine of fifty dollars. 

Section 45. Any person who shall by threat, 
menace, or force, or in any manner, attempt to deter 
or prevent any fish warden, or other person authorized 
to make arrests for violation of the fish laws, from 
enforcing or carrying into effect any provisions of this 



GAME, FISH, AND PORESTIlY LAWS. 219 

act, or who shall resist the seizure of boats, devices, 
or nets, illegally used, shall, on conviction thereof as 
provided herein, be sentenced to pay a fine of one 
hundred dollars. 

Section 46. That in all cases of arrest for violation Evidence, 
oi any provision of this act, the possession of fish pro- 
hibited by such provision, or the possession of a de- 
vice at or near a place where such device is prohibited 
by such provision, shall be prima facie evidence of the 
violation of such provision. 

In case of the pollution of waters by any substances 
known to be injurious to fish, it shall not be necessary 
to prove that such substances actually caused the 
di^ath of any particular fish. 

Section 47. Any alderman, magistrate, or justice of Wananis. 
the peace, upon information or complaint, made to 
him by affidavit of one or more persons, charging any 
person with having A'iolated any of the provisions of 
this act, or any of the rules and regulations adopted 
and promulgated by tlie Commissioner of Fisheries 
pursuant to this act, is hereby authorized and re- 
(inired to issue his warrant, under his hand and seal, 
directed to any constable, peace oflicer, or warden, and Suminary 
shall cause such person to be arrested and brought conviction. 
before such alderman, magistrate, or justice of the 
peace, who shall hear and determine the guilt or in- 
nocence of the person or persons so charged. 

Section 48. All license fees collected under this Disposi ion 
act, and all fines imposed and collected for the viola- and use of 
tion of any provision of this act, shall be forthwith l^^_f-^^^^'- 
paid by such alderman, magistrate, or justice of the 
peace, to the Department of Fisheries at Harrisburg. 
All moneys received or recovered by the Department 
of Fisheries under any provision of this act shall be 
immediately paid into the State Treasury, where it 
shall be kept as part of a fund separate and apart, to 
bo used solely under the direction of the Department 
of Fisheries for the purpose of the payment of the 
salaries of the Commissioner of Fisheries, clerks, 
stenographers, fish wardens ; traveling expenses ; 
counsel fees; court expenses; and contingent expenses: 
for the propagation, protection trnd distribution of 
fish, the stocking of the waters, and the employment of 
necessary labor and the purchase of material and im- 
I)lements therefor: for necessary repairs and improve- 
ments to fish hatchories : for field work, gathering 
spawn, transferring fish, and the employment of nec- 
essary labor and the purchase of necessary imple- 



fees. 



220 



GAME, FISH, AND FORESTRY LAWS. 



Limitation 
of actions. 



Disposition 
of fni- 
feited hoats 
and fle- 
Tlces. 



mciits therefor: for the purchase of necessary land 
and water supplies to the State fish hatcheries ; for the 
l)urduise and erection of buildings, ponds, and other 
extensions, incidental to State fish liatcheries ; for the 
maintenance and operation of a boat on Lake Erie, 
and the cruiser Anna at Torresdale on the Delaware 
River ; and for the dredging of channels, ponds, and 
the making of improvements on Presque Isle Penin- 
sula, and the approach to the fish hatchery at Erie. 

All moneys in such separate fund from time to timo 
are hereby specifically appropriated to tlie Department 
of Fisheries, and may be expended for the purpf^se.s 
hereinbefore enumei'^ited. The Auditor Geuernl shall, 
upon requisition from time to time of the Commis- 
sioner of Fisheries, draw his Avarrant on the Stato 
Treasurer for the amount specified in such requisition, 
not exceeding, however, the amount in swch fund at the 
time of making such requisition. 

Section 49. All actions for violntion of any pro- 
visions of this act shall be taken within one year from 
the time the offense is committed. 

Section 50. All boats and legal devices used un- 
lawfully and forfeited to the Department of Fisheries 
under any of the provisions of this a':!:, shall be sold 
by the Commissioner of Fisheries or destroyed by his 
order. All unlawful nets or devices, not preserved for 
exhibition purposes by the Department of Fisheries, 
shall be destroyed by the Commissioner of Fisheries 
or by his order. Records shall be made of all such 
sales or destruction on the books of the depaj'tment. 

ARTICLE YI. 



Construe 
tion. 



Act of April 
5, 1917 (P. 
L. 50), not 
aflFected. 



Construction and Repeal. 

Section 60. The provisions of this act are severable, 
and if any of the provisions shall be held to be uncon- 
stitutional, such d<^cisions shall not affect the validity 
of any of the remaining provisions of this act. This 
act is intended as a complete and exclusive system for 
the protection and propagation of fish in boundary 
lakes, bays, and peninsular waters, as hereinbefore 
defined. 

Nothing in this act shall be construed to affect in 
any way the provisions of the act, approved April 
fifth, one thousand nine hundred and seventeen, en- 
titled "An act prescribing a closed season for sturgeon 
in the waters of Lake Erie, under the jurisdiction of 
this Commonwealth, on the condition that certain 



GAME. FISH, AND FORESTRY LAWS. 



221 



Icgislntion shall be adopted by certain States of the 
United States and by the Province of Ontario of the 
Dominion of Canada." 

Section 61. The act of May fifth, one thousand 
nine hundred eleven (Pamphlet Laws, one hundred 
Und sixty-four), entitled "An act to forbid the use of 
a gill net of more than thirty meshes deep, in such 
parts of boundary lakes of jnore than five thousand 
acres as this Commonwealth h.-is jurisdiction over, 
and providing penalty and punishment for the viola- 
tion of any provision of this act ;" the act, approved 
Apiil eigliteenth, one thousand nine hundred thirteen 
(Pamphlet Laws, one hundred), entitled "An act to 
classify the species of fish in such parts of the boun- 
dary lakes, of more than five thousand acres, as this 
Commonvv'ealth has jurisdiction over, and in waters of 
any peninsula or in any bay adjacent to or connected 
with such lakes : to declare which fish are game fish, 
which fish are food fish, and whicli are minnows or bait 
fish ; to protect and provide for the maintenance and 
increase of fish in such lakes, to regulate and provide 
for the payment of license fees for the catching of fish 
from such boundary lakes, and prohibit the unauthor- 
ized taking of fish from devices used by authority of 
such license ; to provide penalties and punishments for 
th<^ violation of any of the provisions of this act; and 
requiring the county wherein an offense is charged to 
pay costs of prosecution in certain instances ; and re- 
)>ealing all acts inconsistent herewith," are hereby 
repealed. 

All other acts or parts of acts inconsistent with the 
provisions of this act are hereby repealed. 

The repeal by this act of any act or parts «t' acts 
shall not operate to revive any act or parts of acts 
lieretofore repealed. 

Approved— The 16th day of May, A. D. 1919. 

WM. C. SPROUL. 



Act of May 
5, 1911 (P. 
L. 164), 
cited for re 
peal. 



Act of April 
18, 1913 P. 
L. 100), 
cited for re- 
peal. 



Repeal. 
Revival. 



0'>9 



GAME, FISH, AND FORESTRY LAWS. 



June Ttli, 
191 'J, P. L. 
4oG. 



Sturgeon 
or iiiaiiiose. 

Uelaware 
Bay and 
River. 

Closed 
season. 

Misdemeanor. 
TcMialtv. 



When ef- 
fectiva. 



AN ACT 

Providing a closed so.;ison on sturgeon or niamose in 
the Delaware River and Bay and the tributaries 
thereof upon the passage of similar legislation by 
cfU'tain States. 

Section 1. Be it enacted, &c., That hereafter it shall 
not be lawful for any person or persons to take, oatch, 
kill, or have in possession any sturgeon or mamose. 
taken, caught, or killed in the Delaware Bay and Ri\ei- 
or their tributaries, at any time of the year until the 
first day of March, Anno Domini one thousand nine 
hundred and twenty-four. Any person or persons vio- 
lating any of the provisions of tliis. act shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof, 
shall be punished by a fine of five hundred doUai's. or 
be imprisoned not over thirty days, or both, at the dis- 
cretion of the court. 

Section 2. This act shall take effect and be in force 
only Avhen similar acts have been passed by the Legis- 
latures of the States of New Jersey and Delaware. 

Approved — The 7th day of June, A. D. 1919. 

WM. C. SPROUL. 

NOTE. — New Jersej' has a similar law, imt Delaware has not. 



AN ACT 



July 8th, 
1919, P. L. 

778. 



Non-resident 
fisherman's 
licence act. 

Definitions. 



For the better protection of fish ; requiring citizens 
of the United States residing without this Com- 
monwealth to procure a license to fish or angle in 
the waters of this Commonwealth or in the waters 
bounding or adjacent thereto ; and regulating the 
Issuance of such license ; providing penalties for 
the violation of this act. 

Section 1. Be it enacted, &c., That the word "per- 
sons," as used in this act, except where the context 
otherwise indicates, means citizens of the United 
States, not citizens of Pennsylvania, without regard 
to age. The masculine gender includes the feminine, 
and the single number includes the plural. 



GAME, FISH, AND FORESTRY LAWS. 



223 



Section 2. The provisions of this act are severable, 
jind in the event of any section hereof being declared 
unconstitutional, it is hereby declared as the intention 
of the Legislature that such section may be elimin- 
ated therefrom without affecting any other provisions 
of this act. 

Section 3. No person, except 
vided. shall angle or fish at any 
waters of this Commonwealth or 
ing or adjacent thereto without 
a 



Coti^tniction. 



license as 
Section 4. 
not citizens 
titled upon 



as hereinafter pro- 
time in any of the 
in the water bound- 
having first secured 
herei naf ter provided. 

Citizens of the United States who are 
of the State of Pennsylvania shall be en- 
written or oral application, to receiAc 
from any county treasurer or justice of the peace 
<iauified as hereinafter provided or from the Commis- 
sioner of Fisheries his officers, or agents, a "non- 
resident's fishing license," upon the payment of a 
license fee of five dollars, together with the cost of 
such treasurer's or justice's fee. 

Section 5. All licenses shall be issued on forms 
l)repared and supplied by the Commissioner of Fisli- 
ories at the expense of the Commonwealth. The li- 
cense shall show the name, age, occupation, and resi- 
dence of the licensee, and the date of its issue. It 
>;hall also contain the signature of the licensee written 
in ink, and shall authorize the person named therein 
to fish or angle in the waters of this Commonwealth 
or in the waters bounding or adjacent thereto, under 
the restrictions and requirements of existing laws, 
during that year the date of which is inscribed 
thereon. The license shall become void upon the 
thirty-first day of December next following the date 
of issue. The license may contain such other in- 
formation as the Commissioner of Fisheries may re- 
quire. 

Section G. Every county treasurer of this Com- 
monwealth shall keep, in a book to be supplied by 
the Commissioner of Fisheries at the cost of the Com- 
monwealth, a correct and complete record of all fish- 
ing licenses issued by him. Every county treasurer 
shall cause to be entered in such book at the close of 
each week the name and place of residence of each 
individual to whom a license shall have been issued 
that week. Such book shall be open, at reasonable 
hours, to the inspection of any officer of the Com- 



Noii-resi'ieiit 
iishenneii 
must have li- 
cence. 



Issuance of li- 
cense. 



Fees. 

Form of 
license. 

Contents. 



Duration of 
license. 



Reooi-d of li- 
censes issued 
by countv 
treasurer. 



224 



GA:\rE, FISH. AXI) FORESTRY LAWS. 



Iss'janco <if 
})<-eiis*es by 
justice. 



Fee of jus- 
tice. 



Report of 
justice to 
county-treas- 
urer. 



Delivery of 
license books 
and stubs to 
couiitj' treas- 
urer. 



Report of 
covuity treas- 
urer to Com 
:riissioner of 
Fisheries. 



Cf'ur.ty treas- 
urer's fee. 

I'ayment of 
license fees tc 
Stale Treas 
ury liy coun- 
ty troasuier. 



inoiiwriilth whose duty it is by law to protect the fish 
in the waters of this Commonwealth or in the waters 
bounding or adjacent thereto. 

Section 7. Any justice of the peace who h:is quail - 
lied therefor by having applied to the county treasuriM- 
of the county in which he is located, and having re- 
ceived and receipted therefor the necessary blanks, 
may issue any fishing license provided by this act, on 
like conditions and in like manner as prescribed for 
the issuance of such licenses by any county treasurer, 
upon payment of fifteen cents to said justice by said 
licensee in addition to the license fee hereinb-^fore pio- 
\ ided : said sum of fifteen cents to be retained by said 
JTistice of the pence as his fee for the issuance of the 
license and for reporting the same and remitting pay- 
ment therefor to the county treasurer of the county in 
wliich said justice of the peace is located. Such re- 
port and remittance shall be made by such justice of 
the peace within twenty-four hours after the issuance 
of said license by him. Upon such report and remitt- 
ance, the county treasurer shall make a record of and 
otherwise treat said license as though it has been is- 
sued from his office, except that he shall also note 
upon his record the name of the justice issuing the 
license. Every justice of the peace shall deliver the 
book or books from which he has issued licenses, to- 
gether with the stubs thereon properly filled out and 
showing the names of each licensee, the number and 
character of the license, and such other matter as the 
stubs may require, to the treasurer of his county dur- 
ing the month of January of each year. 

Section 8. Every county treasurer of this Com- 
monwealth shall eacli week forward to the Commos- 
sioner of Fisheries a complete list of. the licenses 
granted, with the names and addresses of the licens- 
ees, on blanks to be furnished by the Commissioner of 
Fisheries at the cost of the Commonwealth. 

Section 9. A county treasurer may collect for 
services rendered under this act the sum of ten cents, 
to be paid by the applicant for a license. All license 
fees, except said treasurer's fees paid to a county 
treasurer under this act, shall be by such treasurer 
paid into the State Treasury at least once a month, 
to be applied to the purposes hereinafter provided. 
Such county treasurer shall make a return to the 
State Treasurer upon a form to be supplied by the 
Commissioner of Fisheries at the cost of the Common- 



Forfpiture of 
licpiise. 



I 



GA^rE, FTSH, AND FORESTRY LAWS. 225 

wealth,' and shall in all such cases forward a dnpli- iieport by 
cate of such report to the Commissionei- of Fisheries ""uiity tn-as- 
at Harrisburg. Treasurer 

Section 10. No person shall angle or fish unless a7i(i Coinmis- 
the license liereinbefore provided be at such time con- sioner of 
tinuously kept about the person of the licensee and ^'•^•^pi't'^- 
exhibited upon the request of any fish commissioner, [/jl^'j?"^^ |,','"'^,\ 
fish warden, slieriff, constable, or other officer of the person ami' ' 
Commonwealth- exhihited. 

Section 11. No person shall alter, loan, or trans- .^iteration or 
fer any license authorized by this act, nor give any 'tran.'jfor of 
false or misleading information to the county treas- licenso. 
urer or justice of the peace or to the Commissioner 
of Fisheries, his officers or agents in the application 
therefor. 

Section 12. Any person violating any provision of Violations. 
this act, shall, on conviction, be sentenced for each 
offense to pay a fine of twenty-five dollars, together I'cnaity. 
with the costs of prosecution. In addition to such 
penalty, the license of any person convicted or sign- 
ing an acknowledgment as hereinafter provided sliall 
be void, and shall be surrendered by such person, and 
immediately sent by the court making the conn'ction 
or the officer taking the acknowledgment to the Com- 
missioner of Fisheries at Harrisburg. 

Section 18. Whenever any person shall be con- Failure to 
victed of violating any provisions of this act, and '/.f,;.!*"^' '*""' 
shall refuse oi- neglect to at once pay the fine im- ' "'' "'■ 
posed, together Avith the costs of prosecution, such 
person shall be at once committed to the county jail 
in which the conviction occurs for a period of one day 
for each dollar of penalty imposed, unless such person Penalty. 
enter into good and sulficient recognizance to pay the 
fine and costs within five days after the date of the 
conviction or to prosecute an appeal according to law. 

Section 14. Every alderman, magistrate, or justice .Turisriiction 
of the peace shall have the power of summary con- 
viction in matters pertaining to the violation of any 
provisions of this act. 

Section 15. All actions for violations of any pro- r'ro.edure. 
vision of this act, excepting where the defendant is 
taken in the act of violating the law or in a pursuit 
immediately following such violation, shall be com- 
menced by a complaint of any person before an alder- Complaint. 
man, magistrate, or justice of the peace, made under 
oath within one year after the date of such violation, 
15 



226 



GAME, FISH, AND FORESTRY LAWS. 



Will'TiP.lt. 



]-Ic;i riii^ 



yciitcrico. 



Forwuidiiig' 
Hues 1(1 Corii- 
jiiiasioiicr ut 
' I'Mshoi'les. 



riiyiuent 'if 
fines und li- 
cense f(>os to 
State Treas- 
ury by Coin- 
inissioncr of 
Fisheries. 

Use of moneys 
recovered un- 
der this net. 



Section 16. Upon such complaint any aldorman, 
magistrate, or justice of the peace shall issue a war- 
rant directed to any constable, peace officer, fish c<^m- 
missioner, or fish warden, and cause such person to be 
brought before him. Such alderman, magistrate, or 
justice of the peace shall hear the evidence, and de- 
termine the innocence or guilt of the person accused, 
and if such person be convicted shall be sentenced to 
pay the fine and costs as hereinbefore provided. 

Section 17. All fines recovered under this act in 
cases where the prosecutor is a salaried oflicer of the 
Commonwealth shall be immediately surrendered by 
the court receiving the same to the prosecutor. Such 
prosecutor shall, as soon as possible, forward or de- 
liver such amount to the Commissioner of Fisheries 
at Harrisburg. Wliere any officer of the Common- 
wealth other than a salaried officer is a prosecutor, 
the fine shall be. as soon as the case is fully deter- 
mined before him, forwarded by such alderman, mag- 
istrate, or justice of the peace to the Commissioner 
of Fisheries at Harrisburg, together with a statement 
of the cause for wliich such money shall have been 
collected. The cost of such statement is hereby fixed 
at fifty cents and made a part of the costs of prose- 
cution. 

Section 18. All fines imposed for violation of this 
act and all license fees collected under this act re- 
ceived by the Commissioner of Fisheries shall be by 
the Commissioner paid into the State Treasury, to be 
applied for the purposes hereinafter provided. 

Section 19. All license fees collected under this 
act and all fines imposed and collected for the viola- 
tion of any provision of this act shall be forthwith 
paid by such alderman, magistrate, or justice of the 
peace to the Department of Fisheries at Harrisburg. 
Al] moneys received or recovered by the Department 
of Fisheries under any provision of this act shall be 
immediately paid into the State Treasury, where it 
shall be kept as a part of a fund separate and apart 
to be used solely under the directions of the Depart- 
ment of Fisheries for the purpose of the payment of 
the salaries of the Commissioner of Fisheries, clerk, 
stenographers, fish wardens, traveling expenses, coun- 
sel fees, court expenses, and contingent expenses, for 
the propagation, protection, and distribution of fish, 
the stocking at the waters, and the employment of the 
necessary labor and the purchase of material and im- 



GAME, FISH, AND FORESTRY LAWvS. 



227 



Ijlenicnts therefor, for necessary repairs and improve- 
ments to fish hatcheries, for field work, gathering 
spawn, transferring fish, and the employment of nec- 
essary labor and the purchase of necessary imple- 
ments therefor, for the purchase of necessary land 
and water supplied to State fish hatcheries, for the 
purchase and erection of buildings, ponds, and other 
extensions incidental to State fish hatcheries, for the 
maintenance and operation of a boat on Lake Erie, 
and the crusier Anna at Torresdale on the Delaware 
river, and for the dredging of channels, ponds, and 
the making of improvements on Presque Isle Penin- 
sula and ilie approach to the fish hatchery at Erie. 

All moneys in such separte fund from time to time 
are hereby specifically appropriated to the Depart- 
ment of Fisheries, and may be expended for the pur- 
poses hereinbefore enumerated. The Auditor General 
shall, upon requisition from time to time of the Com- 
jnissioner of Fisheries, draw his warrant on the State 
Treasurer for the amount specified in such requisi- 
tion, not exceeding however the amount in such fund 
at the time of making such requisition. 

Section 20. Any oflicer of this Commonwealth 
whose duty it is to protect fish in the waters of this 
Commonwealth or in the waters bounding or adjacent 
thereto is authorized to arrest, without warrant, any 
person in the act of violating any provision of this 
act or in a pursuit immediately following such viola- 
tion. The officer making such arrest shall immedi- 
ately take the person so arrested to the nearest alder- 
man, magistiati", or justice of the peace for a hearing 
upon the charge upon which the person was arrested. 

Section 21. A person charged with violating any 
provisions of this act mav sign an acknowledgment 
of the offense committed, either before or after the be- 
ginning of prosecution, and pay to any salaried officer 
of the Department of Fisheries the penalty in full as 
fixed by this act, together with costs accrued to that 
date. The printed receipt therefore, which shall in 
every instance bear the signature of the Commissioner 
of Fisheries, shall be full evidence of full satisfaction 
of the offense committed. 

Section 22. All acts or parts of acts inconsistent 
Avith this act are repealed. 

Approved— The Sti day of July, A. D. 1919. 

WM. C. SPROUL. 



Appropria- 
tion of such 
moneys to 
Department 
of Fisheries. 



Arrests witli- 
(.mt Avarrant. 



Ackno^^le(lJr- 
lutiit of iruilt. 



Repeal. 



228 GAME, FISH, AND FOIIESTIIY J.AWS. 



RULING OF COMMISSIONER OF FISHERIES RELATIVE 
TO USE OF BURR IKJOKS. 



A.ftt!r llic i)as.sa;;e of the Act of July 28, 1917, wliich became d- 
feotive January 1st, 1918, the Depaitnieiit ruled that a burr of 
three points was considered as three hooks. The above ruling, there- 
fore, prohibited the use of plug bait in the inland waters with more 
than one burr hook attached. During the past year the Depart- 
ment has received a great many complaints from tislierm<'n, a(l\ is- 
ing that it was impossible for them to use i)lug bait owing to the 
above ruling. In view of the above, and in justice to the number 
of fishermen who use plug bait, the Dei)ai-tiaent b(^gs to advise that 
from this date on we will consider a bun* of three ])()ints as <»ii<' 
hook, then^by permitting the use of the plug bait of three burrs 
of three points each. 

NATHAN R. BULLER. 

Commissioner of Fisheries. 
Harrisburg, Pa., March 26, 1910. 



GAME, FISH, AND FORESTRY LAWS. 



229 



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INDEX TO FISH LAWS 



A. 

Page. 

Actions, lime limits 169-178-183-187-207-202-225 

Alewife 193 

Alderman, 169-178-183-206-219-226 

Alien, piobihited from fishing 182 

Anchored, nets not to be, at both ends, 165-174 

Apparatus, forfeiture of fishing, 155-165-174-175-185-194-205-220 

A pparatus, fishing, destruction of 155-186-220 

Appeal, right of 156-169-178-206-225 

Application of fines and penalties, 156-169-178-187-207-219-226 

Application to maintain a propagating plant 194 

Application for a seine license 192 

Appointment of Commissioner of Fisheries 159 

Appointment of Fish Wardens 202 

Appointment of Chief Fish Warden, 203 

Appointment of Special Fish Wardens 204 

Artificial propagating of fish by individuals 194 

Arrest, resisting or interfering witii, 155-169-178-206-218 

Arrests on Sunday 169-178-205-218 

Arrest, warrant for, 155-169-178-186-200-219-226 

Arrests Avithout warrant 155-169-178-180-206-219 

B. 

Bail 169-178-206 

Bait fish, 163-17:?-188-211 

Bait fish in Delaware River 163-178 

Black bass, 155-163-173-188-211 

Bass, calico or strawberrj-, 155-163-173-188-211 

Brss, grass 188-211 

Bass, green, . .163-173-188-211 

Bass, large mouth, 155-163-173-188-211 

Bass, rock or red-eve, 155-163-173-188-211 

Bass, small mouth 155-163-173-188-211 

Bass, striped, 188-211 

Bass, white, 163-173-188-211 

Bass, yellow, or Oswego, or green, 163-173-188-211 

Bass, in DelaAvare River, 155-163-173 

Blue Pike, 188-211 

Boat, forfeited to Commission of Fisheries 154-165-160-175-208-215-220 

Boundary waters, 153-161-171-211 

Boundary waters, length of fish in 155-167-17G-213 

Brook trout 163-173-188 

Bulletins niaj' be issued bv Department of Fisheries 204 

Bull frogs, 184 

Burr hook 163-228 

(231) 



232 INDEX. 

C. 

Calico or strawberry bass, 163-17;M88-211 

Call) ltiG-lTr>-18S--'12 

Cat-tish, 1 (>(M7r)-188-2l2 

Cat-fisb, stone (see bait-ftsh). 

Certificate for the transportation of trout 194 

Certificate for propagating purposes, 194 

Certificate for fisli sold, 194 

Charr, or brook trout. 16:-!-173-188-211 

Clmtes and fishways, 180-196 

Classification of fish 168-17^-188-21 1 

Closing chutes, fishways, etc., for repairs, 197 

Coal-oil prohibited 1 68-177-199-213 

Commission of Fisheries, Appointment of 159 

Commissioner of Fisheries, duties and powers of ir)9-2U2-203 

Commitment to jail see "Penalty." 

Compensation to Fish Wardens, 203 

Compost, fish for 213 

Confication of fish and appliances l;j;"i-16r)-lT4-175-186-20r»-2ir) 

Constables ex-ofiicio fish wardens, 12-1.'! 

Constables, powers and duties of, 12-13 

Construction of fish-ways by Commissioner of Fisheries, 180-196 

Contrivances, forbidden in fishing 153-154-1 tJ4-16ri-16ii-l(>.s->73-174-l 75- 

185-11)1-208-212-216-218-220 

Contamination of waters 168-177-198-213 

Convictions, sxmmiary 156-168-177-183-18..-206-219-225 

Costs, county to pay m certain cases 156-157-1 G9-17S-]8;!-186-205-218 

Court de<'isions, • • • • 239 

Crappie, grass, strawberry, or calico buss, 16.'!-173-1SS-211 

D. 

Dams 1 96 

Dams, gates or fishways in 180-196 

Decisions pertaining to fish, 239 

Defiling Avaters prohibited, 16K-177-198-213 

Delaware River, general act relating to 153 

DelaAvare River, above Trenton Falls 171 

DelaAvare River, below Trenton Falls, 161 

Department of Fisheries 159 

Desti-uction of illegal fising appliances, 155-186-205 

Device, permit for special 201 

Dip nets 153-163-173-191-201 

Dipsey line in Delaware River, 164-174 

Distances net can be used, 168-175-193-216 

Disposition of penalties, 156-169-178-183-187-207-219-226 

Distril)ntion of fish 201 

Domestic fowls, tresspassing, may be killed after notice, 195 

Drawing oft of water prohibited 197 

Drift net. . .• 165-175 

Duty of Commissioner of Fisheries 160-161-200 

Duty of Fish Warden 160,183-203 

Duty of Fish Wardens on Delaware River 156-169-178 

Dynamite 168-177-198-213 



INDEX. 233 

E. Page. 

Eels, 166-176-196 

Pl^elpots ia Delaware River, 166-176 

Eggs 194 

Educational purposes, fish may be kept for 194 

Electricity, fishing with 168-177-198-21.'^ 

Employment of guides, 200 

Erection of flshways, chutes, slopes, etc 180-196 

Exchange of fish or eggs, 195 

Explosives or poisons, 168-177-198-21;; 

Explosives for engineering purposes, may be used 199 

F. 

Pall-fish, 188 

Fertilizer, fish for 213 

Fines, disposition of, 156-169-178-183-187-207-219-226 

Fish, open seasons for 163-173-188-212 

Fish, bait 163-173-188-211 

Fish basket, not to be used, except by special permit 201 

FJshways not to be obstructed, 198 

Fish, classification of, lSS-211 

Fish, free distribution of, providing for, 201 

Fish frv 201 

Pish, food '. 168-173-188-212 

Pish, game, 163-173-188-211 

Fish, illegally taken must be returned to water 155-189-213 

Fish, catching for special purposes, 155-167-176-200 

Fish, food and game, may be sold during season and for six days 

thereafter, 195 

Fish, length of, 155-167-176-190 

Fish Commissioners, powers of, 160-201 

Fish Wardens, diities and powers of, 155-160-108-177-201-218 

Fish Wardens, to enforce game, fish and forestiT laws 46 

Fish, disposition of, and appliances used, when seized, 155-185-208-215-218-220 

Fish, time may be had in possession after close of open season, 195 

Fish, corporations may have special police, 158 

Fishing at fishways and dams, 197 

Fishing devices in inland waters 191 

Fishing with nets above Trenton Falls, 164 

Fishing in State at large 153-163-172-190-191-212 

Fishing for scientific purposes permitted 153-204 

Fishing, certain methods prohibited, .163-154-165-166-167-173-175-176-185-219 

Fish.eries Department, 159 

Fisheries Commission 159 

Fishing on Simday prohibited, 154-165-175-188 

Fishing regulated in State, 198 

Fishing regulated in boundary waters 155-162-171-211 

Fishways, no fishing within one hundred feet of, 197 

Pood fish 163-173-188-212 

Food fish, license to take, 194 

Food fish, sale of, for compost prohibited, 213 

Food fish in Delaware River 163-173 

Pojeign-bom unnaturalized residents prohibited from fishing 182 

Forfeiture of fish and fishing appliances 155-165-174-175-185-194-205-220 

Forfeiture of license 225 

Frogs, opea season for, 184 

Frcgs, number that may be taken 184 

Frogs, not to be taken with lights 185 

Fry, fish, pi-eference to State, 195 

Fyke nets, 155-166-1 74-191 



234 INDEX. 

G. 

l*age. 

Game fish, general acts of Assembly, 16o-173-188-211 

Game lisU in Delaware River, 163-173 

Game tisli, open season for ir)r)-165-175-189-212 

Game fish in inland waters, 188 

Game fisli, manner of catching, 155-165-175-191-212 

Game Jish, summary of law 229 

Game tish, methods specifically mentioned ir)5-165-175-191-212 

Gaff, 192 

Gas tar prohibited lGS-177-199-213 

Gill nets 154-104-174-215 

Green bass 1G3-173-188-211 

Guide, employment of, 200 

Guide not to ftsli for employer 200 

H. 

Hand line 164-173-191-212 

Haul seine, 192 

Hearings, 156-168-178-182-186-206-226 

Herring 164-174 

Hook and line 155-1 57-1 63-173-188-214 

Hooks 1 64-174-191-212 

I. 

Illegal, contrivances prohibited, 155-156-164-165-167-160-185-191-218 

Illegal devices to be destroyed or sold, or forfeited, ..155,105-166-174-175-185- 

186-194-218 
Imprisonment imposed, see penalties, 
Interfering Avith officers 169-178-206-218 

J. . 

Justice of the peace 15G-1G8-177-1 82-186-205-219-226 

K. 
Killifi.shes 163-173-188-211 

L. 

Lakes, boundaiy, protection of fish in, 211 

Lauding net, may be used 192 

Law, decisions of courts 239 

Laws relating to fish in State at large, 182-184-188-222 

Laws relating to fish in the DelfiAvare River, 153-161-171 

Laws relating to fish in Lake Erie 211 

Lawful manner of fishing in Delaware River 153-154-102-172-173 

Length of fish taken, Delaware River, 153-154-162-172-173 

Length of fish taken, in internal Avaters 190 

Length of fish taken, boundary waters 21 2 

License, artificial propagating, securing of ". 194 

License, seine, securing of 192 

License to fish for food fish 192-214 

License, right of State to impose 249 

License for fishing in Lake Erie 214 

License fees, disposition of, :'07-21 0-226 

License to be shown on demand 192-218-225 

Lime, use of in fishing prohibited ^ 08-177-198-213 

Limitation of time in prosecutions 169-178-1«::'-1'57-207-220-225 

Limit of fish that may be taken, 190-212 



INDEX. 






M. 

Page. 

Measurement of fit^ll l.")0-l«;:-l 76-190 

Meshes, size df iu seiiK'S or nets 164-17-1-192-21G 

Methods of tishing- permitted, 153-155-164-178-101-214 

Minnow, bait fish 163-173-188-212 

Migration of fish, obstructing _ 196 

Misdemeanor 1 oM-lSQ 

Mullets 163-173-188-212 

Muscallonge, 18S-211 

N. 

Nets forbidden in Delaware River 153-1. "5-163-173 

Nets on Sunday, iri4-165-174 

Nets to be destroyed ; 156-166-175-192-220 

Nitro-glycerine, use of forbidden 168-177-198-213 

Notice, trespass, 1 9S-199 

Nmnber of fi.sh that may be caught, 190-212-229 

Number of frogs that may be taken, 184 

Nimiber of tadpoles that may be taken 184 

Number of terrapin that may be taken, 184 

Number of bass in one day. Lake Erie 212 

Nursery streams 202 

O. 

Obtaining fish by false representation, 202 

Obstmcting fishways, 196 

Obstructing flow of water prohibited, 1!'6 

Obstructinsr migration of fish 197 

Office of Fish Commission 197 

Office of Commissioner of Fisheries, 161 

Officer refusing or neglecting to do duty 46-205-218 

Officer, resisting or interfering with 169-178-206-218 

Open season for fish 163-173-188-212 

Ownership and control of streams, 201 

P. 

Paraphernalia, seizure of 155-165-174-175-185-194-20.5-220 

Penalties for violation of fish law, ..155-156-166-168-174-175-177-182-188-190- 

192-194-197-198-199-202-206-213-215-21 6 217-225 

Perch 163-173-189-217 

Permission to draw off water 197 

Pennission to use explosives for engineering purposes 109 

Permit for special devices in inland Avaters, 201 

Pickerel, 163-173-188-211 

Pike, blue, 163-173-188-211 

Pike, grass, 21 2 

Pike perch ' 155-163-173-188-211 

Pike, wall-eyed or Susquehanna salmon, 155-163-173-188-211 

Pike, western, 188-211 

Planting fish 202 

Poinson, fi.shing with, forbidden, 168-177-198-213 

P'oinson and acids from tanyards to be kept out of streams, , .168-177-198-213 

Poisonous substances in streams prohibited 168-177-198-213 

Police, special 158 

Police, powers and duties of 158 

Pollution of waters forbidden 168-177-198-213 

Possession of fish prima facie evidence 206 

Pound net .'. 216 



236 INDEX. 

Page. 

Power of Commissioner of Fisheries, 160-201-202 

Powers of fisb wardens 155-107-169-177-200-218 

Preference ot State in distributing fish, 201 

Prima facie evidence 206 

Private streams, 216 

Proceedings on arrest made, 155-156-165-174-175-185-194-295-220 

Property seized, disposition of 155-165-174-175-185-194-295-220 

Propagating streams may be set aside and closed, 202 

Propagating of fish, artifically by individuals 193 

Public fisliing, waters open to, 202 

Purchase or sale of certain fish prohibited 200 

Q. 

Quick lime, use of in fishing prohibited 168-177-108-213 

R. 

Recognizance, 1 69-178-183-1 87-206 

Record costs, liability for, 157,169-178-183-187-206-218 

Refusal or neglect of officers to act 205-218 

Refuse from gas houses, etc., not to enter streams 168-177-198-213 

Removal of tijsh from licensed device by third person prohibited 193-217 

Report of Commissioner of Fisheries, 205 

Resisting arrest, 169-178-206-218 

Rock bass, 154-165-175-189 

Rock fish, or striped bass, 154-165-175-189 

Rod and line, 164-173-191-212 

S. 

Sale of seized appliances 186-208 

Sale of certain fish prohibited, 168-177-194 

Sale of certain fish permitted, 168-177-195 

Saturday night fishing with seines, unlawful, 154-105-175-188 

Sawdust in streams prohibited 168-177-198-213 

Scientific purposes 153-201 

Screens to prevent destruction of fish 1 99 

Screens may be placed by Commissioner of Fisheries at expense of owner, 199 

Search for fish, by officer without warrant, 203 

Search warrant, 203 

Seasons for game fish 155-165-175-191-212 

Second offense, 1 54 

Seines, 164-1 73-1 92-214 

Seines in Delaware River not to be broken, 153-167-176 

Seine license 192 

Seizure, right of 155-165-174-185-205-220 

Shad 153-193 

Size of fish legally taken 1-53-166-175-190-212 

Size and number of fish legally taken in Delaware River, 155-166-175 

Spawn 201 

Special device permit for inland waters 201 

Special officers for corporations raising fish 158 

Special officer, powers of, 158 

Special fish wardens to enforce game and forestry laws, 46 

Special wardens not entitled to salary, 204 

Speckled trout, open season for 165-175-189-212 

Speckled trout, wild, not to bought or sold, 19t 

Speckled trout, wild, not to be causht for wages or hire 200 

Speckled trout, wild, size and number to be taken, 19R 

Speckled trout, propagating in captivitv may be sold in certain cases, . . 195 
Spoon ho6k 1 63-173-212 



INDEX. 237 

I'ase. 

Statistics of fish, shall be furnished, 204 

Stocked waters to be free, 202 

Stocking of waters with ftsh, 202 

Streams for propagation may be set aside and closed 202 

Streams on State lands, preference for in distributing fry, 202 

States of Pennsylvania and Is'ew Jei-sey to have concurrent jurisdiction 

over Delaware River, 161-17.1 

Striped bass, or rock fish 167-176-1S8 

Sturgeon 164-174-213-222 

Suckers, 156-166-173-175 

Siiits, costs of, where chargable 156-169-177-183-187-205-218 

Summary convictions 156-168-177-183-185-206-219-225 

Simimary of fish laws 229 

Sunday, no fishing on, 154-165-174-188 

Sunday, arrests may be made on, 169-178-183-186-205 

Sunfish, number that may be taken, 189 

Susquehanna salmon, 154-165-175-191-212 

T. 

Table of size, seasons, etc., cf game fish, 229 

Tadpoles, open season 184 

Tadpoles, number that may be taken, 184 

Tei-rapin, open season for 184 

Terrapin, mmiber that may be taken, 184 

Terms of Fish Commissioners 159 

Threatening officers 169-178-206-212 

Three hooks, 228 

Time limit of actions, 169-178-183-187-207-220-225 

Time fish may be held after close of season 168-177-189 

Torpedo, use of prohibited in fishing, 168-177-198-213 

Transportation of fish permitted, 194 

Trenton Falls, fishing above, 171 

Trenton Falls, fishing below, 161 

Trespassing on waters operated by Fish Commissioners, 198 

Trial 156-168-177-182-186-205-219-226 

Trolling line 163-173-212 

Trout, brook or speckled, 163-172-188 

Trout, open season for, 165-175-189 

Trout, number that may be taken, 191 

Trout, lake, 186-188 

U. 

Unlawful to pi-ocure fish for private purposes 202 

Unlawful taking of ftsh 153-154-164-165-167-172-174-182-184-185-188- 

191-197-212-213-222-223 

V. 

Vats, contents of, 168-177-100-213 

Vitrei, 168-177-199-213 

W. 

Wall-eyed pike, or Susquehanna salmon 154-163-173-188-213 

AValls, wing 154 

Wardens, fish, duties and powers of 155-169-179-182-185-205-218-226 

Wardens, fish to enforce Game and Forestry laws 46 

Wardens, fish, compensation of, 203 

Wardens, special, 204 

Warrants of arrest and search 155-168-177-203-205-218-226 



238 INDEX. 

Page. 

Waters for public fishing 202 

Waters in which fishing may be prohibited, 202 

Waters on State lands, preference of, in distribution of fish, 202 

Waters, boundary, ir>3-161-171-211 

Water-wheels must be screened for protection of fish 19.S 

Wild birds may be killed, 19.") 

Wing walls 1^'t 

Y. 

Yellow bass 1G3-173-18S-21 2 

Yellow perch, 163-173-1 88-212 



GAME, FISH, AND FORESTRY LAWS. 239 



LEADING DECISIONS PERTAINING TO GAME 

AND FISH 



OWNERSHIP AND CONTROL. 

1. In the classification of property, there are some things, 
which from their nature are incapable of absolute ownership, and 
among these are light and air, and game and fish. 

2. Bouvier 781. 

2. It is probable that the right to take game and fish was a 
natural right, wholly unrestrained originally by law. 

As the population of the earth increased, it apparently became 
necessary for the purpose of insuring the perpetuity of these 
things, to abridge or restrict by law this natural right. At what 
period or by what process this change was brought about does 
not seem perfectly clear, although the fact remains that this 
change was wrought, and that in all civilized nations of the world 
to-day the taking of game and fish is considered a boon or privi- 
lege and not an inherent right. In America game and fish are 
considered to belong to the State, not as a proprietor, but in its 
sovereign capacity, as the representative and for the benefit of all 
the people. 

Ex parte Maier, 37 Pac. 402. 
Phelps V. Racey, 60 N. Y. 10. 

3. The right to hunt game is but a privilege given by the leg- 
islature, and is not an inherent right in the residents of the State. 

Comwth. V. Papsone, 44 Pa. Superior Ct. 129. Supreme Ct. 
231, p. 45; 232 U. S. 138. 

4. "Wild game of a State belongs to the people, in their col- 
lective sovereign capacity, a-nd is not the subject of private owner- 
ship, except in so far as the people may elect to make it so, and 
they may if they see fit, absolutely prohibit the killing of it, or 
trafiic or commerce in it. That its taking, possession and the dis- 
position thereof is the subject of legislative enactment." 

Geer v. Connecticut, 161 U. S. 519. 
Martin v. Waddel, 16 Pet. 410. 
Ex parte Maier, 103 Cal. Pa. 476; 37 Pac. 402. 
Comth. V. Papsone, 44 Pa. Superior Ct. 129. Supreme Ct. 
231, p. 45 ; 232 U. S. 138. 



240 GAME, FISH, AND FORESTRY LAWS. 

5. "Game in preserves and fish in private waters are still under 
the control of the Legislature." 

People V. Doxtater, 75 Hun. 472. 

6. "Wild game caught or killed contrary to law, remains the 
property of the State." "^ 

Thomas v. N. P. Express Co., 73 Minn. 185. 

7. '"The right of a state is maintained, to ad<»pt any reason- 
ahle regulation, not only as to the time and mjinnor of taking 
game, but also imposing limitation, upon the right of property 
in such game after it has been taken, because he who takes or kills 
game, lias no absolute property in such game and takes its subject 
to all the provisions of the law authorizing its taking." 

Geer v. Connecticut, 161 U. S. 519, and many citations. 
AVard v. Race Horse, 163 U. S. 504. 

8. "And the fact tliat game has been killed does not change the 
relation of the law-making power to it, but it is still subject to 
control." 

Merritt v. People, 160 111. 218. 

9. "'Tlie measures best adapted to the pi-esorxntion nnd pi-o- 
tection of game are for the Legislature to deti'i-inino, and courts 
cnnnot review its discretion." 

Phelps v. Racey, 60 N. Y. 10. 

POLICJE POWER. 

10. "The right to preserve game flows from tho nndoubtod ex- 
istence of a police power to that end, which may be none the less 
efficiently called into play because by so doing Interstate Com- 
mence may be remotely or indirectly affected." 

Geer v. Connecticut, 161 U. S. 519. 
Hall V. DeCuir, 95 U. S. 485. 
Sherlock v. Ailing, 93 U. S. 99-103. 
People V. Silz ; 219 U. S. 31. 

11. "Laws and ordinances relating to the comfort, health, con- 
venience, good order and general welfare of the inhabitants arc 
comprehensively styled 'police laws and regulations.' It is well 
settled that laws and regulations of this character, though they 
may disturb the enjoyment of individual right are not unconsti- 
tutional, although no provisions is made for compensation for such 
disturbance. They do not appropriate private nroperty for public 
use, but simply regulate its use and enjoyment by the owner, etc." 

Dillon on Municipal Corporations, Sec. 141. 



GAME, FISH, AND FORESTRY LAWS. 241 

12. As stated in Barvier v. Conuoly, 113 U. S. 27. ''Neither 
the amendment (XIV), broad and comprehensive as it is, — nor 
any other amendment was designated to interfere with the power 
of the State, sometimes termed its police power, to prescribe 
i-egulations to promote the health, peace, morals education or good 
order of the people," we are within the province of the Constitu- 
tion when we regulate the manufacture and sale of food stuffs, 
Com. V. McCann, 14 Pa. Superior Ct. 221 ; The number of hours 
the adult female should labor, Com. v. Beatty, 15 Pa. Superior Ct. 
5 ; and in prohibiting women and children from working in coal 
mines, Act May 15th, 1893, P. L. 76 ; in prescribing the qualifi- 
cations of physicians and undertakers. Com. v. Hanley, 15 Pa. 
Superior Ct. 271 ; when musical bands may play in the public 
•streets. Wilkes-Barre v. Garabed, 11 Pa. Superior Ct. 355; when 
we authorize the killing of dogs following the track of protected 
game. Com. v. Frederick, 27 Pa. Superior Ct. 228, and in denying 
the right to aliens to obtain license to sell intoxicating liquors, 
Transgressor v. Gray. 73 Md. 250; 9 L. R. A. 780. 

Com. V. Papsone, 44 Pa. Superior Ct. 129; 231 Pa. Su- 
preme Ct. 45; 232 U. S. 138. 

13. **Indeed the police power as to game birds, flows from the 
<hitv of the State to preserve for its people a valuable food sup- 

Phelps V. Racey, 60 N. Y. 10. 
Ex parte Maier, 103 Cal. 467, 37 Pac. 402. 
Magner v. People, 97 111. 320. 
McCready v. Virginia, 94 U. S. 395. 
Smitli V. Maryland, 18 How 71. 

Comth. v. McComb, 59 Pa. Superior Ct. 411. 227 Pa. Su- 
preme Ct. 377. 

14. "The power of a State to protect by adequate police regula- 
tion, tlie people against the adulteration of articles of food, al- 
tliough in so doing commerce may be remotely affected, necessarily 
carries with it, the existence of a like power to preserve a food 
supply, which belongs in common to all the people of the State, 
which can only become the subject of ownership in a qualified way 
which can never be the subject of commerce, except witR the con- 
sent of the State, and subject to the conditions, which it may deem 
best to impose for the public good." 

Lawton v. Steele, 152 U. S. 133. 
People V. West, 106 N. Y. 293. 
People V. O'Neil, 110 Mich. 324. 
L'Hote V. New Orleans, 177 U. S. 597. 

16 



242 GAME, FISH, AND FORESTRY LAWS. 

Comth. V. Thos. W. McComb, 39 Pa. Superior Ct. 411, 227 

Pa. Supreme Ct. 377. 
Comth. V. Papsone, 44 Pa. Superior Ct. 129 ; Pa. Supreme 

Ct. 231, p. 45. 232 U. S. 138. 

15. "Aside from the authority of the State derived from the 
common ownership of game, and the trust for the benefit of its 
jM'oplo, which the State exercises in reh^tion thereto, there is an- 
other view of the power of the State in regard to the property 
in game, which is equally conductive. The right to preserve game 
flows from the undisputed existence in the State of a police power 
to that end, which may be none the less efficiently called into play 
ln'cause by so doing interstate commerce may be remotely and in- 
directly affected." 

Kidd V. Pearson, 128 U. S. 1. 
Hall V. DeCuir, 95 U. S. 485. 
Sherlock v. Ailing, 93 U. S. page 99-103. 
Gibbons v. Ogden, 9 Wheaton 1. 

16. Indeed the source of the police power as to game birds 
(like those covered by the statute here called in question) flows 
from the duty of the State to preserve for its people a valuable 
food supply. 

Phelps v. Racey, 60 N. Y. 10. 
Ex parte Maier, ubi sup. 

Wagner v. The People, ubi sup, and tlie cases there cited. 
Comth. V. McComb, 39 Pa. Superior Ct. 411. 227 Pa. Su- 
preme Ct. 377. 

17. The exercise by the State of such power, therefore, comes 
directly within the principle of Plumley v. Massachusetts, 155 
U. S. 461 and 473. 

18. The power of the State to protect by adequate police regu- 
lation its people against the adulteration of articles of food (which 
in this was maintained) although in so doing commerce might be 
remotely ^affected, necessarily carries with it the exercise of a like 
power to* preserve a food supply, which belongs in common to all 
people of the State, which can only become the subject of owner- 
ship in a qualified way, and which can never be the object of com- 
merce, except with the consent of the State, and subject to thc^ 

'conditions which it may deem best to impose for the public good." 
The people of New York v. August Silz, 219 U. S. 31. 
Comth. V. Thos. W. McComb, 39 Pa. Superior Ct. 411. 227 
Pa. Supreme Ct. 377 



GAME, FISH, AND FORESTRY LAWS. 243 

19 "In order to protect local game during the close season it 
has been found expedient to make possession, of all such game, 
during lliat time, whether taken within, or without the State, 
a misdemeanor. In other states of the Union such laws have been 
deemed essential, and have been sustained by the courts." 

Roth V. State, 51 Ohio 209. . 

Am. St. Rep. 566, 37 N. E. 259. 

Stevens v. State, 89 Md. 669. 

47 Atl. 929. 

Magner v. People, 97 111. 320. 

20. '*It has been provided that the possession of certain kinds 
of game during the close season shall be prohibited, owing to the 
possibility that dealers in game may sell birds of the domestic 
kind, under the claim, that they were taken in another state or 
country. The object of such laws is not to affect the legality of 
the taking of game in other states, but to protect the local game, 
in the interest of the food supply of the people of the State. We 
cannot say that such purpose, frequently recognized and acted up- 
on, is an abuse of the police power of the State and as sueh, to 
be declared void because contrary to the Fourteenth Amendment 
to the Constitution." 

"That a state may not pass laws directly regulating foreign or 
inter-state commerce has frequently been held in the decision of 
this court ; but, while this is true, it has also been held in repeated 
instances, that laws passed by the states in the exertion of their 
police power, not in conflict with the laws of Congress upon the 
same subject, and indirectly or remotely affecting inter-state com- 
merce are nevertheless valid law. 

Mo. K. & T. R. Co. V. Haber, 191 U. S. 477. 
Ashell V. Kansas, 209 U. S. 251. 

"And it may be said generally that the legislation of a state not 
directly against commerce or any of its regulations, but relating 
to the rights, duties and liabilities of citizens, and only indirectly 
and remotely affecting the operations of commerce is of obligatory 
force upon citizens within its terrtorial jurisdiction, whether on 
land or water, or engaged in commerce, foreign or intfrstaie or 
in any other pursuit." 

Reported in case of People v. Silz, 219, U. S. 31. 

21. "Ilie extent and limitation of what is known as the police 
power, has been a fruitful subject of discussion in the appelate 
courts of nearly every state of the Union. It is universally con- 
ceded to include everything essential to the public safety, health 
and morals and to justify the destruction or abatement by sum- 
mary pix)ce€dings of whatever may be regarded as a public nuis- 
ance, and wherever the public interest demands it a large discre- 



244 GAME, FISH, AND FORESTRY LAWS. 

ti(»n ij? necessarily vested in the legislature to determine not only 
what the interest and the public require, but what measures are 
necessary for the protection of such interests." 

Barbire v. Connelly, 113 U. S. 27. 

Comth. V. McComb, 39, Pa. Superior Ct. 411, 227 Pa. Su- 
preme Ct. 3'77. 

Comth. V. Papsone, 44 P. Superior Ct. 129. Sustained by 
Supreme Ct. 231, p. 45. 232 U. S. 138. 

22. ""The test as to whether the police power is validly ex- 
ercised, is, whether the enactment has relation to the public wel- 
fare, as it has been deemed of sufficient importance to justify the 
Legislature of practically all the states to enact laws for the pro- 
tection and preservation of game, and we have seen no case which 
challenges this as a legislative right, clearly within the exercise 
of the police power." 

23. "The duty of preserving the fish and game of a state from 
extinction or prohibiting exhaustive methods of taking it, or the 
use of destructive instruments as are likely to result in the ex- 
termination of the young as well as the mature, is clear as its 
power to secure to its citizens, as far as possible, a supply of other 
wholesome food." 

Lawton v. Steele, 152 U. S. 133. 

Comth. V. McComb, 39 Pa. Superior Ct. 411. 227 Pa. Su- 
preme Ct. 377. 

24. "Laws enacted for the purpose of regulating tlie time and 
appliances for catching fish, are a proper exercise of the police 
power of a state ; and although they may, under certain circum- 
stances, prevent a man from fishing in a stream running through 
his own land, they do not necessarily amount to taking private 
property for public use without compensation. 

Comth. V. Bender, 7 Pa. C. C. 620. 

Comth. V. McComb, 39 Pa. Superior Ct. 411. 227 P. Su- 
preme Ct. 377. 

25. "'The weight of authority seems to favor the validity of 
laws prohibiting the possession of game during the closed season." 

Ex parte Maier, 103 Cal. 476. 
Merritt v. People, 169 111. 218. 
State V. Farrell, 23 Mo. App. 176. 
Phelps v. Racey, 60 N. Y. 10. 
Roth v. State, 51 Oliio, 209. 
Jarvis v. U. S. 11 App. D. C. 345. 



GAME, PISH, AND FORESTRY LAWS. 245 

26. "'Tiic effect of these decisions is, that such possossioii* is 
unlawful even though applied to game hiwfully captured within 
the State during the open season, and to game hiwfully captured 
outside of the State and lawfully brouglit Avithin the State (pro- 
vided the law of the State prohibits the possession of such game) 
on the theory that such laws are necessary- for the protection of 
game, or as suggested by the late Chief Justice Coleridge, that 
the object is to prevent British wild fowl from being improperly 
killed and sold, under pretense of being imported from abroad." 

Whitehead v. Smithers. 2 C. P. D. 553. 
Peeple v. Silz, 209 U. S. 31. 

27. "The police power is not limited to guarding merely the 
physical or material interest of its citizens. His moral, intellect- 
ual and spiritual needs may also be considered. The eagle is pre- 
sei-ved. not for its use, but for its beautv." 

William G. Barret vs. State of New York, Court of Appeals 

No. 203. 
A— McL.— Ho.— Ch.J.— Cha.— P.— Cr. 

DUE PROCESS OF LAW. 

28. "No person shall be deprived of his life, liberty or property 
without due process of law." 

C ©nstitution of the United States, 5th and 14th amend- 
ments. 

29. "TSiis clause of the Constitution only applies to such rights 
as are in their nature fundamental, which belong of right to citi- 
zens of all free governments." 

Garfield v. Caryell, 4 Wash. D. C, 380. 
Scott v. Sanford, 60 U. S. 393. 

30. "It is true that under the fourteenth amendment, no State 
can deprive a person of life, liberty, or property, without due » 
process of law. But in determining what is due process of law, 
we are bound to consider tne nature of the property, the necessity 
for the sacrifice and the extent to which it has heretofore been 
regarded as within police power. So far as property is inoffensive 
or hannle^, it can only be destroyed by legal proceedings with 
due notice to the owner ; but so far as it is dangerous to the safety 
or health of the community, due process of law may authorize its 
summary destruction." 

Sentell v. R. R., 106 U. S. 698. 
Lawton v. Steele. 152 U. S. 133. 
Smitii y. Maryland, 59 U. S. 71. 
FeYtaizing C. v. Hyde Park, 97 U. S. 659. 



•J4G GAME, FISH, AND FORESTRY LAWS. 

Comth. V. McComb, 39 Pa. Superior Ct. 411, 227 Pa. Su- 
i preme Ct. 377. 

Comth. V. Papsone, 44 Pa. Superior Ct. 129. Supreme Ct. 
231, p. 45. 232 -U. S. 138. 

31. "The emergency may be such as not to admit of the du- 
hi;>- essential to judicial inquiry and consideration, or the sub- 
ject of such action and process may be of such a nature, or the 
conditions and circumstances in whicli the act must be performed 
to effect the protection and give effect to tlie law, may be such as 
to render judicial consideration impracticable." 

Jenkins v. Balientine, 8 Utah 245; 30 Pac. 760. 

32. "In a case involving the validity of a statute of the State 
of New York, authorizing the summary destruction of nets, used 
in illegal fishing, it was held, 'that the police power is universally 
conceded to include everything essential to the public safety, 
health, and morals, and to justify the destruction or abatement 
by summary proceedings of whatever may be regarded as a public 
nuisance.' " 

Smith V. Maryland, 18 How 71. 

McCready v. Virginia, 4 Otto. 391. 

Lawton v. Steele, 152 U. S. 133. 

People v. West, 106 N. Y. 293. 

People v. O'Neil, 110 Mich. 324. 

L'Hote V. New Orleans, 177 U. S. 597. 

Holyoke Water Co v. Lyman, 35 Wall 500. 
The courts of Pennsylvania have ruled in the same way upon 
the subject. 

Comth. v. Thos. W. McComb, 39 Pa. Superior Ct. 411, 
227 Pa. Supreme Ct. 377. 

Comth. V. Joseph Papsone, 44 Pa. Superior Ct. 129. Su- 
preme Ct. 231, p. 45. 232 U. S. 138. 

CONSTITUTIONALITY 

33. "It is but a decent respect due to the wisdom, integrity 
and patriotism of the legislative body, by which any law is passed 
to presume in favor of its validity, until its violation of the Con- 
stitution is proven beyond all reasonable doubt. A reasonable 
doubt must be solved in favor of the legislative action and the act 
be sustained." 

"The preservation of game and fish has always been treated 
as within the proper domain of the police power and laws, limiting 
the season when birds and wild animals may be killed, and had 
for sale, and prescribing the manner in which they may be taken, 
have been repeatedly upheld by the courts. The duty of preserving 



GAME, FISH, AXT) FORESTRY LAWS. 247 

the fish and game of a State from extinction, bj- prohibiting ex- 
haustive methods of taking it, or the use of destructive instru- 
ments as are likely to result in the extermination of the young as 
well as the mature, is as clear as its power to secure to its citi- 
zens, as far as possible a supply of any other wholesome food." 

"It is within the province of the Legislature to prescribe the 
methods or instruments that may be used in taking game or fish 
and it is not unconstitutional for the Legislature of a state to for- 
bid the use of a specially made gun such as the automatic * * * * 
Nor are the courts concerned about a technical though trifling in- 
terference with the pleasure of a hunter, or the property interest 
of a gun maker in deciding a question of public interest and wel- 
fare, * * * * AYhere the interest of the private manufacturer and 
the public will come in conflict from the legislative standpoint, the 
people at large are to have preference.'' 

"The act of June 10, 1881, forbids the sale to any person under 
the age of sixteen years, of a pistol, revolver, etc. The act of 
March 31st, 1860, provides for a confiscation of gambling appar- 
atus. Even the length of time a female laborer shall be subjected 
to the exhaustion of physical labor is within legislative control 
* * * * The object of this act is not to favor the makers of one 
sort of a gun at the expense of those of other kinds, but its sole 
object is to protect game, and the methods adopted for its destruc- 
tion, wliether guns, traps, or devices are proper subjects for legis- 
lative consideration." 

Comth. V. Thos. W. McComb, 39 Pa. Superior Ct. 411. 227 
Pa. Supreme Ct. 377. 

LEGAL STATUS OF DOGS. 

34. '*Dogs have been considered under the law as belonging 
to a class, as it were between ferae naturae, in which until killed 
or subdued, there is no property, and domestic animals, in which 
the right of property is perfect. They are not considered as being 
upon the same plane as horses, cattle, sheep, and other domestic 
animals, but rather in the category of cats, monkeys, parrots and 
similar animals kept for pleasure, etc. Acting then upon the 
principle that there is but a qualified property in them and that 
while private interests require that the valuable one shall be pro- 
tected, public interests demand that the worthless shall be ex- 
terminated and they have from time immemorial been considered 
as holding their lives at the will of the Legislature, and properly 
falling within the police power of the several states. Laws for the 
protection of domestic animals are regarded as having but a lim- 
ited apnlication to dogs or cats." 

Santeii v. R. R., 16 U. S. 608. 



248 GAME, FISH, AND FORESTRY LAWS. 

• 35. "The court held that even if they were to be regarded as 
property in the fullest sense of the word, they would still be 
subject to the police power and might be destroyed or otherwise 
dealt with, as in the judgment of the Legislature appear neces- 
sary for the protection of its citizens ; that it was purely within 
the discretion of the Legislature to say how far dogs shall be rec- 
ognized as property and under what restrictions they shall be per- 
mitted to roam the streets." 

36. The Legislature may authorize the killing of dogs following 
upon tlie track of protected game. 

Comth. V. Frederick, 27 Pa. Superior Ct. 228. 

37. Under the provisions of a new law recently enacted in 
Pennsylvania to be known as "The Dog LaAv of One Thousand 
Nine Hundred and Seventeen," Section 22, dogs in this State are 
declared to be personal property and subjects of larceny. 

LEGAL STATUS OF CATS. 

In an opinion rendered by Horace W. Davis, Deputy Attorney 
General of Pennsylvania on June 27th, 1917, it is asserted : 

"That common law took no cognizance of cats and that an ex- 
haustive search of authorities has disclosed but one State in wliich 
the cat is dignified with one of the attributes of property, nnmcly, 
value." 

Ford vs. Glennon, 49 Atl. 189. 74 Conn. 0. 

He asserts "That other States including Pennsylvania in listing 
objects that may properly be termed property, have l)oen uniform 
in their omission of the cat." 

COMMERCE IN GAME. 

38. "A State can forbid traffic or commerce in game." 
Geer v. Connecticut, 161 U. S. 519. 

Ex parte Maier, 103 Cal. 476. 
People V. Silz, 219 U. S. 31. 
State V. Weber, 102 S. W, 955. 
Dietreich v. Fargo. 104 N. Y. S. 334. 

39. It has recently been held by the Court of Appeals of the 
State of New York, in the case of Lewis vs. Clair, the latter a 
boaixiing house keeper, that the service of game as a part of a 
table d'liote meal is necessarily a sale of such game, and is paid 
for by the payment for the meal at least to the extent of a part of 
the price for such meal. 



(;ame, fish, and forestry laws. 249 
status of imported game. 

People V. Weinstock, 102 N. Y. S. 349. 
People V. Stillraan, 102 N. Y. S. 351. 
People V. Waldorf-Astoria, 103 N. Y. S. 434. 
Silz V. HasterBurg, 219 U. S. 31. 

STATUS OF WILD BIRDS OTHER THAN GAME BIRDS. 

40. In 1907, N. I. Schwartz, of New Orleans, was fined for 
oflforinfi' 75 aigretts for sale contrary to the statute of Louisiana, 
forbidding the possession or sale of imported as well as native 
birds. 

State V. Schwartz, 44 La. 20. 

41. In 1907 an employe of <Iimbl(^ Bros., Philadelpliia, was con- 
victed before an alderman of that city for attempting to sell and 
having in possession, certain red birds or cardinals, that had 
according to the evidence Ix^en brought into the State from other 
states. On appeal to the Court of Quarter Sessions this convic- 
tion was sustained and defendant was fined. 

Comth. V. Crumley, 1(> A. R. 334, 8 Lack. J. 128. 

RIGHT OF A STATE TO IMPOSE A LICENSE FOR HUNT- 
ING BY NON-RESIDENTS. 

42. "A State may lawfully impose a license for the privilege 
of hunting upon citizens of otlier States, which is not imposed on 
its own citizens." 

tu re Eberle, 98 Fed. 295. 

43. ''A State can prohibit tlie use of oyster beds in the waters 
of the State by citizens of other States. That as fish are common 
property of all the people of the State, a citizen of another State 
is not invested by the Constitution with any right therein." 

McCready v. Virginia. 94 U. S. 391. 
Haney v. Compton, 36 N. J. L. 507. 
State V. Corson, 50 Atl. 780. 

44. "On the 24th day of October, 1904, the Supreme Court of 
Illinois rendered a decision in the case of Cummings v. People, 
upholding the constitutionality of the license law, and quoting with 
approval the decision of the Supreme Court of New Jei-sey in the 
case of Allen v. Wychoff and the United States Circuit Court of 
the Northern District of Illinois in the case of in re Eberle." 

Allen V. Wychoff, 48 N. J. R. 90; 2 Atl. 659. 



250 GAME, FISH, AND I'ORESTRY LAWS. 

45. "In the case of Commonwoalth v. Cannon, in the court of 
common picas of C'umberland county, No. 115, Feb. T. 1905. No. 
.^0 County Court Reports, p. ()37, in overruling the objection filed 
the leuj'ued (.'ourt said : 'It has been lio\ve\er repejit<Hlly held that 
.statutes which are directed against non-residents, but not against 
citizens of other States, are constitutional and valid.* " 

Rothermel v. Meyerle, 13G Pa. 251. 

State V. Medbury, 3 R. I. 138. 

Chambers v. Cluireh, 14 R. i. .'lOS. 

Sears v. Warren Co.. 30 ]nd. 207. 

People v. Lawndes, 130 N. Y. 455. 
A stockliolder of shooting club corporation, is not an owner 
of club's re;il estate. A stoekliolder in a cori)oration owning a 
tract of land used as a game presei-ve is not an "owner" of the 
land within tlie meaning of tho provision of the law, ]»ermitting 
owners of farm lauds to hunt game on tlusir lands without pro- 
curing a resident license. 

Tlie title to wild game is in tlu^ State, irrespective of tlie owner- 
ship of the land on wliich it uv.\y be found ; and the State may 
proliibit or reguhitc the killing ol' game, an(l may impose greater 
restrictions upon non-residents than upon residents. 

The i)roviso to s(H;tion 32 of tlie Game law of 11)03, which pro- 
vides that nothing in the Act siiall apply to persons hunting on 
land of another person by invitation of the land owner is invalid, 
being so repugnant to the body of the Act, that to uphold its 
validity would be d<\slruc(ivo to the Act itself. 

■I'he ])roviso to Section 25, was intended to permit owners of 
farm lands, residing in this State, .-ind tlu-ir eliildreh or tenants 
to hunt game upon those lands, within the other limitations of 
the Game law, Avithout procuring a resident license, and was not 
intended to extend tliat privilege to non-residents. 

Cummings v. The People, Jll. Reports. Vol. 211. p. 303. 



ALIJOXS. 

40. "It is a legal and political axiom that protection and alle- 
giance are reeii)roeaI. Aliiiis resident or sojourning here, do not 
owe the full measure of allegiance exacted from the citizens, nor 
can they enjoy all the rights, privileges and immunities of citizen- 
ship." 

Luke V. Calhoun Co.. 52 Ala. 115. 121. 
Cyc. of Law and l*rocedure. Vol. 2, page 88. Note 23. 
The court in tlie case of Com. v. Joseph Papsoue, among otiier 
things says : 



GAME, FISH, AND FORESTRY LAWS. 251 

47."Nor docs the provision of the fourteenth amendment which 
declares, 'No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the United 
States,' affect this defendant in any way, as he is not a citizen. 

"An alien while domiciled with us, is entitled to the protection 
of the laws and owes in return for this piotection a temporary and 
local allegiance which continue during the period of his residence; 
2 Am. & Eng. Enc. of Law 04. We legislate primarily for our 
own citizens in granting the special privileges that are independent 
of our inherent rights. The alien is prohibited from doing many 
things to which a native born or a naturalized citizen is entitled. 
He cannot exercise any political rights whatever, nor be compelled 
to fill any elective or appointive office. He is not (iualified to serve 
as a juror; or to recci'/c a license to sell liquor, linwk or jx'ddle. 
A non-resident is not entitled to the benefit of our $300.00 exonip- 
tio]i law. Each State has its own exemption laws for tlu^ hi>netit 
of its own citizens. 

The privilege to hunt game has been limited to our own citizens, 
and as was said in Presser v. Illinois, 110 U. S. 252; 'If th;' jdain- 
tiff in error has any such privilege he must be able to point to 
the provision of the constitution or statute of the United States by 
which it is conferred. For as was said by this Court in IT. S. v. 
Cruikshank, 92 U. S. 542, the goverinnent of the United States al- 
though it is within the scope of its powers, supreme and beyond tlu^ 
States, can neither grant nor secure to its citizens rights or priv- 
ileges which are not expressly or bj' implication placed iinder its 
jurisdiction. All that cannot be so granted or so secured are left 
to the exclusive protection of the State. 

"Whatever one may claim as a right, under the Constitution 
and laws of the United States by virtue of his citizenship, is 
a privilege of a citizen of the United States. Whatever the Con- 
stitution and laws of the United States entitles him to exemption 
from, he may claim as an exemption in respect to, and sneh a 
right or privilege is abridged whenev(;r the State law interferes 
with any legitimate operation of Federal authority which concerns 
his interest, whether it be an authorit.y actively exerted, or resting 
only in the express or implied command or assurance of th(^ Fed- 
eral Constitution or law. P.u't the United States can neith'^r grant 
nor secure to its citizens, rights or privileges, which are not ex- 
pressly, or by reasonable implication, placed under its jurisdiction, 
and all not so placed are left to the exclusive protection of the 
States." "'^, ' 

This defendant is not a citizen of the United States, nor of 
this Commonwealth. While he is within our jurisdiction lie is 
entitled to the equal protection of tlie laws, subject to the limita- 
ti6ns of the class of which he is a member. 



•2o2 GAME, FISH, AND FORESTRY LAWS. 

Com. V. Joseph Papsone, 44 Pa. Superior Ct. 129. Pa. Su- 
preme Ct. 231, p. 45. 232 U. S. 138. 

48. "Citizetis of other States have no property right which en- 
titles them to fish against the will of the State, afortori, the alien 
from whatever country he may come, has none whatever in the 
waters, or the fisheries of the State. Like other privileges he 
enjoys as an alien, by permission of the State, he can only enjoy 
as much as the State vouchsafes to yield to him as a special priv- 
ilege. To him it is not a property right, but is in the strictest 
sense o. privilege or favor." 

Rothermel v. Meyerle, 136 Pa. 251. 

State V. Meddery, 3 R. I. 138. 

Chambers v. Church, 14 R. I. 398. 

Sears v. Warren Co.. 36 Ind. 267. 

In re Ah Chong. 2 Fed. Rep. 736. 
The possession of a shotgun or rifle by an n.licii. oprTatiiig a 
shooting gallery is a violation of tlie Act of May 8tli, 1909. 

Comth. V. Charles Maloof, 49, Pa. Superior Ct. 581. 
A conviction may be had under the provisions of the Act of 
April 14th, 1903, requiring non-residents to secure a license before 
hunting in this Commonwealth, without showing that the defend- 
ant had not taken out a license in any other county of the State. 

Comth. v. Cannon, No. 30 County Court R. 637. 



RESIDENT HUNTER'S LICENSE. 

A land owner's right to take fish, or game, on his own land, 
which inheres in him by reason of his ownershi]* of the soil, is 
a property right, subject to the States ownership an(l title, Ik'UI 
to regulate and preserve game. 

State V. Mallory, 83 S. W. 955, Arkansas. 
An Act providing that no person shall at any time hunt with a 
gun any of the wild animals or birds, that are protected during 
any part of the year, without having procured a license, etc., is 
Constitutional and a reasonable exercise of the police power for 
the protection of game. 

The power of the Legislature to enact Statutes, is ijlenary. ex- 
cept in so far as that power has been limited by the Constitution, 
and every presumption is in favor of the Legislative enactments 
They will be declared unconstitutional and void when they are 
clearly violative some express Constitutional limitation. 

Kyle v. People, 80 N. E. 1081, Illinois. 

State V. Holcomb, 101, Pac. 1072, Kansas. 

Cummings v. People, 211, 111., 392, 71 N. E. 1031, Illinois. 



GAME, FISH, AND FORESTRY LAWS. 253 

RIGHTS OF THE PEOPLE. 

40. "When the interest of the private manufacturer and the 
public weal come in conflict, from the legishitive standpoint, the 
public at large are to have the preference. 

Halter v. State, 7 L. R. A. N. S. 1079. 

Comth. V. Kenny, 32 Penna. Superior Ct. 544. 

Comth. V. Bercaw, 30 Penna. Superior Ct. 335. 

N. Y. etc., R. R. v. New York, 165 U. S. 633. 
* =;= * * So that, a specially designated gun, which is made 
particularly effective and proportionately dangerous to game, 
comes within the class of dangerous agencies either to be regu- 
lated or prohibited as the Legislature may decide. 

The judgment of the Court below is reversed, and the record 
is remitted to the end that the sentence imposed may be fully 
carried into effect." • 

Commonwealth v. McComb. 39 Pa. Superior Ct. 41. 
Judge Orlady in his opinion handed down in the automatic 
gun case, after citing numerous methods that might not be legally 
used in the taking of game says : 

50. "The swivel gun referred to in the Act of 1897, is described 
as a small cannon, revolving on a swivel, so that it may maim 
or kill a number of game at a single discharge, but it is always 
under the direction and control of the operator. The automatic 
gun mentioned in this act is described as one that is fired from the 
shoulder, and the recoil developed by the exploded cartridge ejects 
the shell, cocks the hammer, and feeds in a fresh cartridge from a 
magazine into a chamber of the gun,' so that all that is required 
to discharge it is to pull the trigger. It is not necessary to justify 
the wisdom of the Legislative enactment ; the whole question has 
so frequently been the subject of discussion in the Legislature and 
Courts, that we must accept it as a result of their deliberations, 
that the automatic gun is not a proper weapon for the killing of 
game, within this Commonwealth. Nor are the Courts concerned 
about a technical though trifling interference with the pleasure 
of a hunter or the property interest of a gun maker. Indeed, the 
source of the police power, as to game flows from the duty of the 
State to preserve for its people a valuable food supply. * * * * 
The exercise of this power, therefore, comes directly within the 
l)rinciple of Plumley v. Mass. 155 U. S. 461, and Silz v. Hosten- 
burg, 219 U. S. 31." 



254 GAME, FISH, AND FORESTRY LAWS. 

JURISDICTION. 

51. "The Courts of Quarter Sessions shall also have jurisdic- 
tion in cases of fines, penalties or punishments imposed by any act 
of Assembly for offenses, misdemeanors and delinquencies, except 
Avhon it shall be otherwise expressly provided and enacted." 

The Criminal Procedure Act, March 31st, 1860, P. L. 427, 
Sec. 32. 

52. A Justice of the Peace has the right of Summary Convic- 
tion only when the right is distinctly and specifically given by the 
act under which suit is brought. 

Gomth. V. LaBar, 32 Sup. Ct. p. 228. 

53. Where concurrent jurisdiction exists in different tribunals 
the one first exercising jurisdiction rightfully acquires control to 
the exclusion of the other. 

Whartons Crim. PL and Practice, 8 Edition, Sec. 441-451. 
Hugh Crim. Law^ and Procedure, p. 663, Sec. 2564. 



FRAUD 

54. A former conviction secured by the fraud of the defendant 
is no bar to a subsequent prosecution, 

Whartons Crim. PL and Prac, Sec. 451, 8th Edition. 

55. It has also been held that a former conviction or acquittal 
pr(,)cured by fraud of the defendant is no bar to a subsequent 
prosecution. 

Infra. Sec. 849. 

56. A new trial will be granted where it appears any unfair 
trick or artifice had been employed, resulting in favor of the 
party using it; thus a new trial was granted, where the defendant 
by artifice of the prosecuting attorney, went to trial without con- 
travening testimony, under the belief that certain witness of the 
State were absent while in fact they were present and concealed 
by the prosecution. 

Infra. Sec. 852. 

57. In cases however where the verdict has been obtained by 
fraud of the defendant, such for instance as the collusive or 
forcible keeping back witnesses for the prosecution, or the sub- 
mitting of the ease by trick without evidence, the verdict may 
be treated as a nulitv. 

Infra. See. 786. 



GAME, FISH, AND ]'\)RESTRY LAWS. 25.j 

58. Where the complaint was made to a justice by a person em- 
ployed to do so, by the defendant, and the warrant was served 
and witnesses subpoenaed by the defendant's direction, and, an at- 
torney retained and paid by him, to appear on the part of the 
State and the circumstances of the case, were so represented to 
the justice that he imposed a lighter fine, than he otherwise would 
have done, the case was held open to another trial. 

State V. Little, 1 N. H. 257. 
Com. V. Jackson, 2 Va. Cas. 501. 

59. Of course, th<n-e is, in what has been said, no reference 
to a verdict of acquittal, obtained in a sham prosecution, insti- 
gated by the defendant himself and managed by him, with a view 
of forestalling, on the ground of such acquittal, a bona fide prose- 
cution by the State. 

Smith V. Pfluger, 10 Dist. Repts. 717-718. 

60. It has been mnny times decided and may be regarded as 
settled law. that if one procures himself to be prosecuted for an 
offense he has committed thinking to get off with sliglit punish- 
ment, or none, and to thus bar a prosecution in good faith, by the 
State, for the same offense, if the proce(>dings in reality, managed 
by himself, either directly, or through the agency of another, and 
the State while a party in name, is not so in fact, and had no 
actual agency in the matter, the judgment thus procured is void 
and affords no protection. 

Shindler'v. State, Indiana Supreme Court, Oct, 1891, 
Crim. Law Magazine, Vol. 14, 204. 

61. While the judgment in such cases as those before cited are 
fraudently procured and are frequently said to be void because of 
fraud practiced, it is apparent, that a better reason for holding 
them void and not binding upon the State, is, that the State is 
not a party to them. 

The State can no more be bound by a judgment to which it is 
not a party than can a citizen of the State. Never having been a 
party to it, or having any notice, or knowledge of the proceedings. 
it may be treated as a nulity. * * * * * In speaking of such 
cases. Bishop well savs : "He, (the defendant) is, while holding 
his fate in his own hands, in no jeopardy. The plaintiff is no 
party in fact, but only such in name, the judge is imposed upon, 
indeed, in point of law, adjudicates nothing. All is a mere puppet 
show and every wire, moved by the defendant himself," 

1st Bishop Cri. Law, Sec. 1010. 

10 Dist. R. 717. 



^256 GAME, FISH, AND FORESTRY LAWS. 

HORNS ON A DEER. 

02. 1)1 a prosecution for illegally killing a deer, it is no defense 
that the respondent was ignorant of the fact that the anima! was 
without horns. 

Vermont Reports; No. 75, Vol. II, Page 438, 1903. 

63. In a prosecution for killing a deer not "having horns"' in 
violation of No. 94, Act of 1896, when it is undisputed that the 
deer had horns, only to the extent of bunches which did not pro- 
trude through the skin, whether these bunches were "horns'" with- 
in the meaning of the statute, is a question of law for the court 
to rule upon, and not a question of fact for the consideration of 
the jury. 

A deer which has no horns protruding through the skin, so that 
they can be seen to be horns, is not a deer "having horns" within 
the meaning of No. 94, Acts 1896. 

Vermont Reports; No. 77, Vol. II, 175. 

RIGHT OF CONSTABLE TO REWARD. 

64. Constables are entitled to the rewards for securing con- 
victions for violation of game, fish or forestry laws, as fixed by 
act of March 22, 1899. 

A. C. Lee, Const, v. County of Wayne. 

65. Deputy Game Protectors arc not entitled to the reward of 
$10, given Constables under the provisions of the Act of March 
22nd, 1899. 

H. H. Almes v. Indiana Co. 45 Pa. Superior Ct. 137. 

COUNTIES LIABLE FOR COSTS. 

66. Under the Act of April 16, 1903, P. L. 213, counties are 
liable for costs in all cases where an officer of the Commonwealth 
whose duty it is to protect our game, song and insectivorous birds 
in good faith, brings suit for violation of such laws, and for any 
legal cause fails to recover same. 

Commonwealth vs. Dickinson, 62 Pa. Super. Ct. 468 : 
"The record shows that the prosecution was instituted by a 
public officer whose duty it was to enforce the Game Laws of the 
Commonwealth ; and there being nothing to suggest that it was 
recklessly or maliciously brought, or that there was lack of suffi- 
cient cause. The amount of the cost is not before us for taxa- 
tion ; that phase of the question has never been passed on by the 
Court below, and if there are errors in the bill as filed, it may 
be corrected under the usual procedure ; the Court retains control 
of that question until they are paid. 



GAME, PISH, AND FORESTRY LAWS. 267 

\u?^?v.^'^^ ^f^^^'u ¥l°" ^^^^" ^^^ refusing to make the ordf>r 
that the County should pay the costs of prosecution, the order of 
the Court below is reversed, and it is now ordered that the costs 
authorized by the^Law in this case to be taxed of record, be charp- 
able to and p^iti by the County of Clearfield " , a ^ 

Walker vs. JefPerson County, 33 C. C. Reports 298 : 
It is the duty ot the Board of Game Commissioners, Gamf 
Protectors and Deputy Game Protectors to protect game' and to 
enforce by proper actions and proceedings the Lawl relating t 
the same The Act of March 22, 1899, P. L. 17. makes the Con- 
stables of the various wards, boroughs and townships of the Com- 
monwealth ex-officio Game and Fish Wardens, and imnoses th. 
duty to enforce the statutes then in force or thereaft^rinacted 
for the protection of game, etc. * * * * * In such word, 
power and authority' mean duty and obligation, and in myTpin 
ion that the State Police act as Game and Fish Wardens is es- 
sentially of a mandatory character : and, therefore thev arl with 
in the protection of the Act of 1903, and when they in good faith 
institute proceedings for violation of the Game Laws wMohfal 
the County is liable for the costs of record in such pnTcecdin-'^' 

n^''/^^i''^.^^^^^«^t^^^° Liberties, 35 Pa. 324 M^Dade v' 
Chester City, 117 Pa. 414." , ^^ ^ a. o-t , ivj.cj-/aae ^ s. 

Tr, S!°^*^\^^- Clinton County, 17th Dist. Reports 202- 

In the above case the plaintiff brought suit against Clinton 

SiSS7 ^? '"''^^'^"^ ^^"t« ^"^ ^° a S^^^ law prospcfitfon where the 

nf^f^?*%'^^''^ convicted and committed to jail in liru of the 

payment of penalty and costs. Judge Hall in the oninfnn nifl^ 

foT vII'h"' '\''lt ''''' ^^ ,^ conviction on a "ummarTproceed n^ 
for violation of the game laws where the failure to"^ recovlrth? 
SrTbP IZ ? -^'^^^ j^ause the county was liable for such cost^ 
under the provisions of the Act of April 16, 1903. P. L. 213. 

FERRETS—RIGHT TO CONTROL 

has been held to be constitutional by Judle Edwards fn T S, 
7juir2.^lSl7-): " *"'' "'"' '' Confmonwfalth vs.''Le;is'BSo 

RESPONSIBILITY OF JUVENILES 



258 GAME, FISH, AND FORESTRY LAWS. 

prescribed by the Game Laws of this State for violation of its 
provisions as is any other person. The Attorney General in this 
Opinion asserts that no one short of the Judge of the Court of 
Quarter Sessions is vested with authority to waive these penalties 
or in any manner to relieve a juvenile of responsibility in a matter 
of this kind. 

70. DAMAGES BY WILD ANIMLS OR BIRDS 

William G. Barrett, et al., ) COURT OF APPEALS 

vs. > No. 203. 

State of New York. ) A-McL-Ho-ChJ-Cha-P-Cr. 

In this case damages were claimed because beaver protected by 
the State of New York had cut down certain trees. The Court 
held the State was not liable for such damages, and, further, that 
the Legislature alone had power in a matter of this kind. The 
Court among other things says: — 

''The protection and preservation of game has ben secured by 
law in all civilized countries and may be justified on many 
grounds. ***** *The measures best adapted to this end are 
for the legislature to determine and courts cannot review its dis- 
cretion. If the regulations operate in any respect unjustly or op- 
pressively the proper remedy must be applied by that body." 
Phelps V. Racey, 60 N. Y. 10. 

"Wherever protection is accorded harm may be done to the in- 
dividual. Deer or moose may browse on his crops, mink or skunks 
kill his chickens; robins eat his cherries. In certain cases the 
legislature may be mistaken in its belief that more good than harm 
is occasioned. But this is clearly a matter which is confided to 
its discretion. It exercises a governmental function for the benefit 
of the public at large and no one can complain of the incidental 
injuries that may result." 

Lawton v. Steele, 152 U. S. 133. 

RESPONSIBILITY OF SHERIFFS. 

68. In an Opinion rendefea "by Horace W. Davis, Deputy At- 
torney General of Pennsylvania, on June 30th, 1915, it is asserted: 

"Under these Acts which provide for a fine, and in default of 
payment of this fine for a sentence of imprisonment for a day for 
each dollar of fine imposed, and in which an alderman or justice 
of the peace has original jurisdiction, a commitment cannot bej 
interferred with or the prisoner discharged, except upon an order 
of the Court of Quarter Sessions obtained after a reversal of the 
conviction, or by an order of the Court of Common Pleas under 



GAME, FISH, AND FORESTRY LAWS. 259 

the Insolvent Debtors' Acts for the discharge of the prisoner after 
he has. served an imprisonment of at least three months where the 
fine exceeds fifteen dollars. 

See Johnson's Petition, 2 Dis. Rep. 700. 
"Commissioners have, in times past, assumed to exercise the 
authority of ordering the discharge of prisoners committed for 
uon-payment of fine or costs. The absolute want of any such 
authority is clearly set forth in the case of Crawford County vs. 
Barr, 92 Pa. 359, as stated by Justice Trunkey in this case : 

'County Commissioners have no power to discharge a pris- 
oner or to remit fines, forfeitures and costs. If courts have 
sanctioned their acts in paying costs out of the County funds, 
where a party, was committed solely in default of payment of 
costs, that does not authorize their interferenee when there 
has been a conviction and sentence for a crimiHal offense.' 
See also Schivamhle vs. The Sheriff, 22 Pa. 18. 
"The action by the sheriff in releasing a prisoner sentenced for 
default of payment of fine, such release being made only on the 
order of the County Commissioners, is not so much the fault of 
the assumption of authority by the Commissioners as the dere- 
liction of the sheriff in permitting the release of the prisoner 
without proper warrant of law. 

As stated in Euhn vs. North, 10 S. & R., 399. 
'The sheriff acts in all cases at his peril and is answerable 
for any mistakes. Infinite inconvenience would arise if it 
were not so.' 
"The action of the sheriff in releasing any prisoner without an 
order of the Court and before the prisoner has served a day for 
each dollar of fine imposed renders the sheriff and securities on 
his recognizance liable for the amount of the fine. 

See Walhei-ton et al., vs. Commonwealth, 7 8. d R. 272." 

RIGHT TO RE-ARREST.' 

69. In this same Opinion, Mr. Davis, regarding the right to re- 
arrest a prisoner thus illegally discharged, says : 

"In instances which have heretofore occurred where the sheriff 
has illegally released prisoners committed for non-payment of fine 
imposed under the various game laws of this State, you should 
direct such sheriffs to rearrest the prisoners so released. As stated 
in ScMoam'ble vs. The Sheriff, above cited : 

'The person convicted having been discharged from prison 
by the deputy sheriff by the direction of the County Commis- 
sioners without payment of fine was lawfully retaken by the 
sheriff,' " 



260 GAME, FISH, AND FORESTRY LAWS. 

70. CONSTITUTIONALITY OF IaW FORBIDDING THE 
SHIPMENT OF GAME BY PARCEL POST. 

A California statute prohibiting the shipment of game by parcel 
post was declared to be constitutional by the California Supreme 
Court in the case of California vs. Frank Phoedovins, 170 Pacific 
Reports, 412. 



rS2= 



Forest Fires in 
Pennsylvania 



MUST BE 



Stopped 



if you desire future FORESTS, 
FISH, and GAME 



( 261) 



Stop Forest Fires 



The forests of Pennsylvania are necessary for the future wel- 
fare of the Commonwealth. 

The Community loses from forest fires many times the amount 
of loss to the individaal owner. 

Forest fires do more to destroy the game, fish, and forests, of 
Pennsylvania than any other cause. 

Every one ought to do his share toward preventing the tn-- 
mendous economic loss which results from forest fires. You may 
help greatly by observing the following suggestions: 

Be sure your match, cigarette, or cigar butt and pipe ashes ar • 
dead before throwing them away. 

Build what fires must be used only, upon bare soil and in sucb 
places that fire cannot spread. Use small fires. Never build fir" 
near logs, rotten wood, old stumps, leaves, hollow trees, or far 
from w^ter. 

Be sure your fire is extinguished before you leave it. 

Burn no brush, or other material, near woodlands upon « 
windy day, and under all circumstances stay by the fire until ir 
is dead. 

Be as careful of fire in the woods as you are in your home. 

Help extinguish a fire as soon as one is discovered. If yon 
cannot help, notify the nearest fire warden, and if possible sen«l 
a substitute. 

Learn who your nearest fire warden is and give him your sup- 
port. 

Forest fires are not inevitable, unpreventable, or accidental 
occurrences. They are the result of negligence or maliciousness. 

Fires can be kept from Pennsylvania forests, but it will moai; 
co-operation, work, time, and money. 

(262) 



THE 

PENNSYLVANIA DEPARTMENT 

OF 

FORESTRY 



State Forest Commission. 

Robert S. Conklin, President, Columbia, Lancaster county. 
Dr. J. T. Rothrock, West Chester, Chester county. 
Edward Bailey, Harrisburg, Dauphin county. 
Henry W. Shoemaker, McElhattan, Clinton county. 
Gifford Pinchot, Milford, Pike county. 

Office of Commissioner of Forestry. 

Commissioner of Forestry, Robert S. Conklin, Columbia, Lancas- 
ter county. 

Deputy Commissioner of Forestry, I. C. Williams, Esq., Royers- 
ford, Montgomery county. 

Clerks, A. Elwyn Strode, Camp Hill, Cumberland county. 
Edward J. Davis, Phoenixville, Chester county. 



Regular meetings of the Commission are held on the first Friday 
of each month, at 9 o'clock A. M. 

(263) 




( -JH-I ) 



DIVISION III. 

ACTS OF ASSEMBLY RELATING TO IT)nESTS 
AND FORESTRY. 



AN ACT 

To prevent the damages which may happen by firing 1794, 3 Sm 

of woods. ^- ^- ^^^ 

Whereas, It has been represented that numbf^is 
of persons are in the custom of setting fire to the 
woods for different purposes, thereby producing an 
extended conflagration, injurious to the soil, destruc- 
tive to the timber, and the infant improvements 
within the State ; therefore, 

Section 2. And be it further enacted by the au- 
thority aforesaid, That where any person or persons, 
so offending as thereby to occasion any loss, damage, 
or injury to any other person or persons, every such 
person or persons so offending shall be and hereby 
are declared liable to make satisfaction for the same, 
in any action or actions on the case, to be brought 
by the party or parties grieved, in the court of com- 
mon pleas of the county in which the offense was 
committed. 

Section 3. Where any party is injured, and shall 
not demand above fifty dollars for his loss or damage, 
it shall and may be lawful to and for such person 
or persons to apply to any justice of the peace of 
the country where the offense is committed who is 
hereby empowered and required, by warrant under 
his hand and seal, to cause the party offending to I 

be brought before him or some other justice of 
the peace of the same county ; and if, upon examina- 
tion, it shall appear to the justice, by the testimony 
of one or more credible witness or witnesses, that 
the defendant is guilty of the charge exhibited against 
him. then the said justice shdll issue his warrant 
to' two or more freeholders of the neighborhood. 

{ 265 ) 



266 GAME, FISH, AND FORESTRY LAWS. 

thereby commanding them, in the presence of thf 
defendant, if he will be present, to view the placr 
or thing damaged, or inquire into the loss sustained 
by the plaintiff, and to certify to the said justice, 
under their oath or affirmation, what damage, in their 
judgment, the plaintiff hath sustained by occasion of 
the premises ; and upon the return of such certificate 
to the said justice, he is hereby empowered to grant 
execution for the recovery of the said damages, 
together with the costs of prosecution, as is usual 
in the recovery of debts under ten pounds: Provided, 
That if any person or persons shall apprehend him, 
her or themselves aggrieved by the determination of 
any justice of the peace, in consequence to this act. 
he, she or they shall have a right to appeal from the 
judgment of the said justice to the next court of 
common pleas of the proper county. 



1860, P. L 
410. 



Title VIII. Offenses against real property, and 

malicious mischief. 

Section 153. If any person shall knowingly and 
maliciously cut, fell, alter or remove any certain 
bounded tree, or other allowed land mark, to th« 
wrong of his neighbor, or any other person, he shall 
be guilty of a misdemeanor, and on conviction, be 
sentenced to pay a fine not exceeding five hundred 
dollars, and to undergo an imprisonment not exceed- 
ing one year. 

Approved— March 31st, A. D. 1860. 

WM. F. PACKER. 



GAME, FISH. AND FORESTRY LAWS. 267 



AN ACT 

lo prevent tenants in common of timber lands from ^869. P. L. 
cutting or removing trees without the consent of all 1251. 
of their co-tenants. 

Section 1. Be it f^K^ted&c That from and J--'^ J?o- 
after this date it shall be unlawful for any owner i^^ited froa. 
or owners of any undivided interests m timber land cutting or 
within this Commonwealth, to cut or to remove or r^ojmg 
to cause to be cut or removed, from, the said land '^""^LseS 
any timber trees, without first obtaining the written ^,, co-tenant, 
consent of all co-tenants in said premises. 

Section 2. That no sale of any timber cut or re- sai^ of tim- 
rnoved from such undivided lands, before or without ber tims cut 
such consent, shall pass any title thereto : and the J-^,-frp\s8 
na-ties injured shall have every remedy m law ana title thereto, 
•nnitv for the recovery of the said timber trees, ana 
of afl s,ua?e imber/boards, lumber ties, sh mgks Bemed,e^,^_^ 
•ind other articles, whatsoever manufactured tnere- ^^ ^^j^^^j. 
from • and also for the recovery of damages tor tne and dam- 
cutting or removing of the same, which they now ages, 
liave against an entire stranger to the title. . 

Section 3 Upon the violation of the provisions ot parties in 
the first section of this act, it shall be lawful for any ^tere|t au- 
of the parties in interest to sue out a writ of estrepe- thonzed to 
inent, to prevent any further cutting thereon, or the ^^^-^ ^f 
lemoval of any timber then already cut, or botn; estrepe- 
which said writ shall be of force until the interests of ment. 
the parties shall be set out in severalty, or the writs 
dissolved by the court, or the action or partition in 
reference to said land finally ended ; and the said writ wnts bow 
of estrepement shall be obtained by affidavit, and al- obtained, 
lowed in the same manner and with like proceedings 
as to its service and dissolution as are now by law al- 
lowed and authorized in cases of estrepement issuea 
ponding actions of ejectment for real estate. 

Approved — May 4th, A. D. 1869. 

JOHN W. GEARY. 



268 



GAME. FISH, AND FORESTRY LAWS. 



1883, 1*. L. 
112. 



Timber 
land to l»t' 
separately 
asseesed. 



AN ACT 

Requiring the several assessors of this Cornnion 
wenlth to make return of timber lands. 

Section ]. Be it enacted, &c.. That it shall be th. 
duty of the several assessors of this Commonwealth, 
in their return of real estate to the commissioners 
of the proper county, at the next triennial assessment. 
and at each triennial assessment thereafter, to makr 
return of all the timber land in their proper district 
by specifying in separate columns, how many acres 
each tract contains of cleared land, and how many 
in timber. 

Approved— Tlie 13th day of June, A. D. 188?.. 

ROBERT E. PATTISON. 



AN AOT 



1891. 
170. 



V. I. 



Owner dam- 
aged may 
petition the 
court 



Court shall 
appoint 
three 
vie^vers. 



Providing for the recovery of damage to trees along 
the public highways, by telegraph, telephone and 
electric light companies. 

Section 1. Be it enacted, Sec, That from and 
after the passage of this act, it shall be lawful when- 
ever any telegraph, telephone or electric light com- 
pany shall have erected its poles and lines along any 
turnpike, public road, street, lane, alley or highway 
in this Commonwealth, for the owner or owners of 
land adjoining said turnpike or public road who may 
claim to be damaged by the erection or maintenanco 
of said lines by reason of the cutting of trees, whether 
planted in said turnpike, public road, street, lane, 
alley, or highway, or on enclosed or unenclosed land 
adjoining the same, to petition the court of common 
pleas of the county in which said damage shall be 
alleged to have been committed, whereupon the said 
court shall appoint three impartial men, citizens of 
the county in which said damages shall be alleged, as 
viewers, who shall, after having been duly sworn 
or affirmed to the faithful performance of their duties. 



GAME, FISH, AND FORESTRY LAWS. 



:i69 



assess the damages done, if any, to the petitioner, 
and shall report the same to the court, at the first 
week of the next regular term thereof after the said 
.ippointment, which report shall, upon its presenta- 
t ion as aforesaid, be confirmed nisi ; and if no appeal 
1)0 entered to the same on or before ten days from 
tlio Saturday of the week in which the same is pre- 
sented, it shall then be confirmed absolutely and judg- 
ment entered by the prothonotary of the said court 
iil)on the game against the said company. 

Section 2. The compensation of the viewers pro- 
\ided for by the first section of this act shall be 
the same as is now provided for road viewers, and 
shall be paid by the defendant company, where dam- 
:iges are awarded, otherwise by the petitioner: Pro- 
sided, That the provisions of this act shall not apply 
to the police patrol or fire department telegraph 
lines. 

Section 3. All laws in so far as they conflict with 
this act are hereby repealed. 

Approved— The 2H day of June, A. D. 1891. 



Viewers' 
report. 

When con- 
ttrmatiou 
^hall become 
absolute. 



Shall not 
apply to 
police or Are 
department 
telegraph 
lines. 



ROBERT E. PATTISON. 



AN ACT 

Authorizing the purchase by tlie Commonwealth of i897, p. L. 
unseated lands for the nr)n-payment of taxes for the 9. 
V purpose of creating a State Forest Reservation. 



Section 1. lie it enacted. &c., That from and after 
the first day of January, A. D. one thousand eight 
hundred and ninety-eight, whenever any unseated 
lands within this Commonwealth shall, under exist- 
ing laws, become liable to sale by the respective 
county treasurer or the county commissioners for non- 
I)ayment of taxes, it shall be the duty of such treas- 
urers and commissioners to publish at least once a 
week for six successive weeks in at least two news- 
papers of general circulation within the county in 
which the said lands lie, and if two newspapers be 
not published in said cdunty, then in one newspaper 
in or nearest to the same, which notice shall contain 
the names of the owners when known, the warrant 



When act 
shall go 
into effect. 



Duties of 
county 
treasurers 
and commiB- 
sioners. 

Public no- 
tice to be 
given in two 
newspapers. 
Contents of 
notice. 



270 



GAME, FISH, AND FORESTRY LAWS. 



Notices to 
be sent to 
Commis- 
sioner of 
Forestry. 

Duty of 

Commis- 
sioner of 
Forestry. 



May pur- 
chase lands 
for Com- 
monwealth. 

Proriso. 



How pay- 
ment shall 
he made. 



numbers, name.s of warrantees when known, the nuni 
ber of acres contained in each tract, the township Iti 
which the same is located, and the sums due upon 
each tract for taxes and further to mail to the Secre- 
tary of Agriculture and the Commissioner of Forestry 
each, ten copies of such printed advertisement im- 
mediately upon publication thereof. 

Section 2. It shall be the duty of the Commissioner 
of Forestry to inquire into and examine the location 
and character of unseated lands advertised by the re 
spective county treasurers and the county commis- 
sioners of this Commonwealth for sale for the non- 
payment of taxes, and if in his judgment the same 
are so located and are of such a character as to make 
them desirable for the Commonwealth for the purpo.se 
of creating and maintaining a Forestry Reservation, 
he shall have power at his discretion to purchase any 
such lands for and in behalf of the Commonwealth nt 
such tax sales, subject to the right of redemption 
under existing laws : Provided however, That th^ 
bid made and the price paid for said lands, shall in 
no case exceed the amount of taxes for the non-pay- 
ment of which the same are being sold, and the costs. 
For all purchases so made in behalf of the Common- 
wealth, the Auditor General shall draw his warrant 
upon the State Treasurer to the order of the county 
treasurer, upon certificate filed by the Commissioner 
of Forestry with the said Auditor General : Pro- 
vided further, That the Commissioner of Forestry 
shall have power to purchase unseated lands other 
than such as are advertised for sale for the non-pay- 
ment of taxes, upon such terms and conditions as may 
be agreed upon with the owners of such lands : Pro- 
vided, That such purchase shall be approved by the 
Governor and the Board of Property, consisting of 
the Attorney General, Secretary of the Commonwealth 
and Secretary of Internal Affairs. And provided fur- 
ther. That in no case shall the price paid for such 
unseated land exceed the assessed value of the same. 
For all purchases so made in behalf of the Common- 
wealth the Auditor General shall draw his warrant 
upon the State Treasurer to the order of the grantor, 
upon certificate filed by the Commissioner of Forestry, 
with approval as .aforesaid : Provided, That in no 
case shall the amount paid for any tract of land 



GAME, FISH, AND FORESTRY LAWS. 



271 



purchased under the provisions of this act exceed the 
sum of five dollars per acre.* 

Section 3. In the event of redemption of said lands, 
the redemption money paid shall be remitted to the 
State Treasurer by the county treasurer with a state- 
ment describing the tract of land so redeemed. 

Section 4. The title to all lands so purchased, and 
not redeemed after the expiration of the time limited 
for the redemption, shall be taken as vested in the 
Commonwealth to the same extent, and with like 
effect as though such purchase had been made by 
an individual at such sale, and the county treasurer 
shall certify to the Secretary of Agriculture (Com- 
missioner of Forestry) lists of all lands purchased in 
behalf of the Commonwealth and not redeemed within 
the time limited for such redemption, with a desmp- 
tion of each tract as required by section one of this 
act, and thereafter such lands shall not be subject to 
further taxation while the same are owned by the 
Commonwealth. It shall be the duty of the Secretary 
of Agriculture (Commissioner of Forestry) to keep a 
record in a book, to be especially provided for that 
purpose, of all the lands so acquired by the Common- 
wealth, with full description of each tract, the char- 
acter of the same, the date of purchase, the price 
paid, when the title became absolute, or if redeemed, 
the date of redemption. 

Section 5. The lands so acquired by the Common- 
wealth shall be under the control and management 
of the Department of Agriculture, but assigned to the 
care of the Division of Forestry, (Department of 
Forestry) and shall become part of a forestry reser- 
vation system, having in view the preservation of 
the water supply at the sources of the rivers of the 
State, for the protection of the people of the Com- 
monwealth and their property from destructive floods. 

Section 6. All acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved— The 30th day of March, A. D. 1897. 

DANIEL H. HASTINGS. 

(The abore Act, by reason of the abolishment of the Division 
of Forestry in the Department of Agriculture, and the creation 
of the Department of Forestry by Act of 25th February, 1901, 
bag been changed in its application.) 

•Sec. 2, as amended by Act of April 28, 1899, P. L. 98. The 
limit of purchase price is now increased to ten dollars per acre. 

The method of land purchase is changed by subsequent legis- 
lation. 



Redemptlt'L 
of. 



Title shall 
be Tested Id 
Common- 
wealth. 



County 
treasure ri 
Bhail certify 
to Coimmli- 
■loner of 
Fore»try 
lists of 
lands not 
i«deeued. 

Snch lands 
not subject 
to farther 
taxation. 

Record of 
landg to be 
kept. 



Contents of 
record. 
Lands shal> 
be Tinder 
control of 
Department 
of Forestry. 

Purpose. 



Repeal 



272 



GAME, FISH, AND FORESTRY LAWS. 



1897, P. L. 
1-9 . 



Duty of 
constables. 



May anesr 

without 

^varrant. 



Repeal. 



AN ACT 

To authorize eonstables and other peace officers, with 
out first procuring a warrant, to arrest persons rea- 
sonably suspected by them of offending against th« 
laws protecting timber lands. 

Section 1. Be it enacted, &c., That if any person 
or persons shall be detected by any constable oi 
other peace officer, in the act of trespassing upon an^ 
forest or timber land within this Commonwealth, 
under such circumstances as to warrant the reason- 
able suspicion that such person or persons have com- 
mitted, are committing, or are about to commit, somr 
offanse or offenses against any of the laws now enacted 
or hereafter to be enacted for the protection of forests 
and timber land, such constable or peace officer shall 
liave authority at once, without first procuring a war- 
rant therefor, to arrest on view such person or per- 
sons, with like effect as though such warrant had first 
been procured. 

Section 2. That all acts or parts of acts incon 
sistent herewith be and the same are hereby repealed. 

Approved— The 29th day of April, A. D. 1897. 

DANIEL H. HASTINGS. 



1897. P. L. 
295. 



Section 1, 
act of June 
2. 1870, 
edited for 
amendment. 



AN ACT 

To amend the first section of an act, entitled "An 
act to protect ^timber lands from fire," approved tlu 
second day of June, A. D. 1870, providing for a 
penalty in case of the failure of county commis 
sioners to comply with the terms of said act, after 
demand made upon them by the Commissioner of 
Forestry, and providing for the Commonwealth bear- 
ing part of the expenses incurred under said act. 

Section 1. Be it enacted, &c., That the first sec- 
tion of the act, entitled '*An act to protect timber 
lands from fire," approved the 2d day of June, A. D. 
1870, which reads as follows : 

"Section 1. That it shall be the duty of the com- 
missioners of the several counties of this Common- 
wealth to appoint persons under oath, whose duty 
it shall be to ferret out and bring to punishment all 



GAME, FISH, AND FORESTRY LAWS. 



273 



persons who either wilfully or otherwise cause the 
burning of timber lands, and to take measures to 
have such fires extinguished where it can be done 
the expense thereof to be paid out of the county treas- 
ury, the unseated land tax to be the first applied to 
such expenses," shall be and the same is hereby 
amended to read as follows : 

Section 1. That it shall be the duty of the com- 
missioners of the several counties of this Common- 
wealth to appoint pei'sons, under oath, whose duty 
it shall be to ferret out and bring to punishment all 
persons or corporations who eitlier wilfuUy or other- 
wise cause the burning of timber lands within the 
respective counties, and to take measures to have such 
fires extinguished where it can be done ; and on failure 
of the commissioners of any county, after demand 
made upon them by the Gommisisoner of Forestry of 
this Commonwealth, to comply with this provision, 
they shall be deemed guilty of a misdemeanor in office, 
and upon conviction thereof shall be fined in a sum 
not exceeding one hundred dollars, or suffer an im- 
prisonment not exceeding two years or both, at the 
discretion of the court. The expenses incurred in the 
(employment of the persons contemplated by this act, 
on and after the first day of January, A. D. 1898, 
shall be paid, one-half out of the treasury of the re- 
spective county, and the remaining half of said ex- 
pense shall be paid by the State Treasurer upon war- 
rant from the Auditor General ; but no such warrant 
shall be drawn until the commissioners of the proper 
«'Ounty shall have first furnished, under oath or af- 
firmation, to the Auditor General, a written itemized 
statement of such expense, and until the same is 
approved by the Auditor General : Provided, That in 
no case shall the expense to the Commonwealth grow- 
ing out of this act exceed five hundred dollars for a 
single county in any one year. 

Approved— The 15th day of July, A. D. 1897. 

DANIEL H. HASTINGS. 



Couutj com- 
missioners 
shall appoint 
persons to 
institute 
proceedings, 
and extin- 
guish fircB. 

Oommis- 
sioners fall- 
ing to com- 
ply shall be 
guilty of a 
misde- 
meanor. 



PeualtT. 

How ex- 
penses after 
January 1, 
180S. shall t 
pai 1. 



Itemized 
statement 
shall be fur- 
nished Aud- 
itor G-eneral. 



18 



274 



GAME, FISH, AND FORESTRY EAWS. 



1901. P. L. 
11 



*ppolDtnit'ut. 
rera 



i-'owerg. 



Acqnlgltton ol 
land. 



Control and 
iCTelopment 
of Itnde. 



A.8(li8taDt!« 

and emploifs. 



Knleft. 



AN ACT 

To establish a Department of Forestry, to provide 
for its proper administration, to regulate the ao- 
quisition of land for the Commonwealth and to pro- 
vide for the control, protection and maintenance 
of Forestry Reservations by the Department of 
Forestry.* 

Section 1. Be it enacted, &c.. That there be and is 
hereby established a Department of Forestry, to con- 
sist of a Commissioner of Forestry and four other 
citizens of th^ Commonwealth, who together shall con- 
stitute the State Forest Commission ; each of whom 
shall be ar>pointed and commissioned by the Governor, 
by aiM' with the advice and consent of the Senate, for 
tern.y of four years each ; the present Commissioner of 
Forestry and members of the State Forestry Reserva- 
tion Commission to serve for the terms for which they 
have heretofore been appointed and confirmed ; and, 
thereafter, as new appointments shall be made, for the 
full term of four years each. The Commissioner of 
Forestry and the State Forest Commission shall be 
clothed with all the powers heretofore conferred by 
law upon the State Forestry Reservation Commission. 
or which shall hereafter be conferred, with full power, 
by and with the consent of the Governor, to acquire by 
purchase or by condemnation proceedings, any suitable 
lands in any county of the Commonwealth, which, in 
the judgment of said Commission, the State should 
possess for the purpose of holding, maintaining, and 
developing as State forests. The Commission shall 
havp full power to manage, control, protect, maintain, 
and develop all lands which may be acquired under the 
provisions of this act, as well as those which have 
heretofore been purchased and are now owned and 
maintained as State forests under existing law. The 
Commission is also empowered to appoint such scien- 
tific assistants and other employes as may be necessary 
and needful for the control, protection, maintenance, 
and development of the State forests, to fix their 
compensation, and to establish such rules for the con- 
trol, management, protection, aand development of the 
State forests, as in their judgment will conserve the 
interests of the Commonwealth. The Commission shall 



♦As amended by Act of July 7th, 1919, P. L. 727. 



GAME, FISH, AND FORESTRY LAWS. 



276 



render reports of its conduct of the department, and, 
from time to time, publish the results of forestal in- 
vestigations, or inquiries into other matters relating to 
trees, forests, and forestry, as in its judgment will be 
useful and serviceable. 

Whenever it shall appear that the welfare of the 
Commonwealth, with reference to reforesting and the 
betterment of the State forests, with respect to con- 
trol, management, protection, and development, will 
be advanced by selling or disposing of any of the tim- 
ber on the State forests, the Commission is hereby em- 
powered to sell such timber on terms most advanta- 
geous to the State ; and the said Commission is hereby 
empowered to make and execute contracts or leases, 
in the name of the Commonwealth, for the mining or 
removal of any valuable minerals that may be found 
in said State forests, whenever it shall appear to the 
satisfaction of the Commission that it would be for 
the best interest of the State to make such disposition 
of said minerals : Provided, The proposed contracts 
or leases shall have been advertised once a week for 
three weeks, in at least two newspapers published 
nearest the locality indicated, in advance of said con- 
tract or lease. Said contracts or leases may then be 
awarded to the highest and best bidder, who shall give 
bond for the proper performance of the contract, as 
the Commission shall designate. , 

Section 2. (Supplied by Act of May 5, 1911, P. L. 
163, which see infra p. 302). 

Section 3.* That the Commissioner of Forestry 
shall be the president and executive officer of the For- 
estry Reservation Commission, and also Superintend- 
ent of the State Forestry Reservations, and shall have 
immediate control and management, under the direc- 
tion of the Forestry Reservation Commission, of all 
forest lands already acquired or which may hereafter 
be acquired by the Commonweaalth, but the power so 
conferred upon said Commissioner of Forestry shall 
not extend to the enforcement of the laws relating to 
public health or the protection of fish and game. It 
shall be the dut^'^ of the Commissioner of Forestry to 
encourage and promote the development of forestry, 
and to obtain and publish information respecting the 
extent and condition of forest lands in the State, and 
to execute all rules and regulations adopted by the 

*The State Forestry Reservation Commission is now Tlie 
State Forest Commission. Tlie forestry reservations are nove 
the State Forests. See Act July 7th, 1919, P. L. 727. 



Reports. 

Investiga- 
tions. 

Sale of tini 
ber on States 

forests. 



Contracts oi 
leases for the 
removal of 
minerals. 



Advertise- 
ments 



Awarding of 
contracts or 
leases. 



Commis- 
sion 'r of 
Forestry to 
be President 
of Commis- 
sion, etc. 



Duties of 
Commis- 
sioner. 



276 



(5AME, FISH, AND FORESTRY LAWS. 



May emiiloy 
detectives. 



I'roviso. 



Office to 
be proviileil 
and fur- 
nished. 



I'lirchase 
money for 
lands ; how 
to he paid. 



Title of 
lands nc- 
HUired to lie 
in Common- 
wealth. 



Lands not to 
be subject 
to warrant, 
survey and 
patent, and 
to be 

exempt from 
taxation. 



Forestry Reservation Commission for the enforcement 
of all laws designated for the protection of forests 
fr<>m tire and depredation ; and he is hereby em- 
l)Owered to employ such detective service and such 
legal or other services as may be necessary for the 
protection of the forestry reservations owned by the 
( kmimonwealth and for the apprehension and punish- 
tnent of persons who may violate any of the forestry 
reservation laws or any of the rules and regulations, 
which, under the powers herein given, may be 
adopted by the Forestry Reservation Commission : 
Provided. That tlie services so employed and the ex- 
penses that may thereby be incurred shall be approved 
by said Forestry Reservation Commission and the 
(iovernor of the Commonwealth. 

Section 4. (This section relates to the compensa- 
tion of the Commissioner of Forestry and of the Dep- 
uty Commissioner of Forestry.) 

Section 5. The Commissioner of Forestry shall have 
an ofhce at the State Capitol, and it shall be the 
duty of the Board of Commissioners of Public Grounds 
and Buildings to provide, from time to time, the nec- 
tissary rooms, furniture, apparatus and supplies for 
the use of the Department of Forestry created under 
the provisions of this act. 

Section 6. (Obsolete.) 

Section 7. The purchase money for lands acquired 
and all expenses that may be incurred, except the 
salaries of the Commissioner of Forestry and his 
clerk, shall be naid by the State Treasurer out of 
any moneys in the Treasury not othei*wise appropri- 
ated, on warrant of the Auditor General, upon 
vouchers duly approved by resolution of the Forestry 
Reservation Commission and the Governor of the Com- 
monwealth. 

Section 8. The title of all lauds acquired by the 
Commonwealth for forestry reservations shall be taken 
in the name of the Commonwealth and shall be held 
by the Commissioner of Forestry, and such lands shaU 
not be subject to warrant, survey or patent, under 
the laws of the Commonwealth authorizing the con- 
veyance of vacant or unappropriated lands, and all 
such forestry reservation lands shall be exempt from 
taxation from the time of their acquisition. In all 
cases where lands have been purchased, or may here- 
after be purchased by the Forestry Reservation Com- 
mission for forest reservations, where there are pub- 
lic roads, n-gularly cstablislied. innning into or 



GAME, FISH, AND FORESTRY LAWS. 



277 



through said land, the Commissiouer of Forestry, 
under such rules and regulations as the Forestry 
Reservation Commission is hereby authorized to adopt, 
may expend a sum not exceeding twenty-five dollars 
per mile in each year for the maintenance, repair 
of extension of any such roads, and on roads bordering 
on reservations one-half of this rate per mile may be 
expended. All expenses that may thus be incurred 
shall be subject to the approval of the Forestry Reser- 
vation Commission and the Governor of the Com- 
monwealth, and shall be paid in the same manner as 
other expenses are provided for in this act. 

Section 9. The Commisioner of Forestry shall re- 
ceive the moneys to which the State may be entitled 
by virtue of the sale of any timber, or by virtue of 
any leases or contracts relating to the disposition of 
minerals, as hereinbefore provided, and he shall im- 
mediately pay the same over to the State Treasurer 
as a part of the revenue of the Commonwealth. The 
said Commissioner of Forestry shall give his bond to 
the Common v.-'-nlth, with two sureties, to be approved 
by the Governor, in the sum of ten thousand dollars, 
for the faithful discharge of the duties imposed by this 
act and for the proper accounting of any moneys to 
the Commonwealth that may come into the hands 
by virtue of his position as Commissioner of Forestry. 

Section 10. (Repeal.) 

Approved— The 25th day of February, A. D. 1901. 

WILLIAM A STONE. 



May expend 
money for 
public roads. 



Expenses 
subject to 
approTal. 



Disposition 
of money 
received. 



CoiJiinis- 
sioner of 
Forestry 
shall give 
bond of 
$10,000. 



Since the passage of tlie Act of April 5, 1905, P. L. Ill, 
making a fixed charge of 2 cents per acre for road purposes 
against State lands held for forest reserves, the above privi- 
lege under Sec. 8 has not been exercised by the Department. 
These sections (7, 8) have also been modified by subsequent 
legislation. See Acts of April 18 and July 7, 1819. P. L. 78 
and 727. 



•J78 



GAME, FISH, AND FORESTRY LAWS. 



1901, P. L. 

n9. 



vVhen the 
('ommip- 
sioner of 
Forestry 
may appoint 
detectives 
and employ 
attorneys. 



Expenses 
Incurred. 



Pines 
collected. 



When pay- 
ment to 
county -com- 
missioners 
may be re- 
fused . 



AN ACT 

For the better protection of timber lands against fire,. 
and providing for the expenses of the same, and 
directing what shall be done with the fines collected 
and costs paid. 

Section 1. Be it enacted, «S:c., That when the com- 
missioners of any county or counties fail to "appoint 
persons under oath, whose duty it shall be to ferret 
out and bring to punishment all persons or corpora- 
tions who either wilfully or otherwise cause the burn- 
ing of timber lands," within their respective counties, 
as is provided for by the act of July 15th, 1897, or 
when they have appointed inefficient persons to do 
the v^ork aforesaid ; the Commissioner of Forestry 
may, on the request of residents of a county in which 
such fires have been created, or on the request of 
the owner or owners of land which has been injured 
by the fires so created, appoint a detective or detec- 
tives, and employ an attorney or attorneys, to ferret 
out and bring to punishment, as aforesaid, those who 
cause the buring of timber lands ; and all expenses 
incurred by the Commissioner of Forestry under the 
operation of this act shall be paid by the State Treas- 
urer, on warrant drawn by the Auditor General, if 
the said bills shall be approved by the Governor and 
the Commissioner of Forestry ; and all the fines col- 
lected shall be paid by the magistrate or by order of 
the court to the Commisisoner of Forestry, and bf- 
paid by him to the Treasurer of the Commonwealth, 

Section 2. When conviction is obtained, under the 
provisions of this act, of persons or corporations caus- 
ing the burning of timber lands, then the Auditor 
General, on the request of the Commissioner of 
Forestry, may refuse to pay the State's share of the 
money due to the county for the services of the per- 
son or persons, appointed by the county commis- 
sioners, to ferret out and bring to punishment those 
who caused forest fires in the district where such 
persons served as fire detectives, to make arrests and 
secure convictions, and for which conviction was ob- 
tained by the detectives appointed by the Commis- 
sioner of Forestry. 

Approved— The 2d day of May, A. D. 1901. 

WILLIAM A. STONE. 



GAME. FISH. AND FORESTRY LAWS. 



27» 



AN ACT 

Authorizing boroughs of this Commonwealth to re- 
quire the planting of shade-trees along the public 
streets thereof, by tlie owners of abutting property, 
in certain cases. 

Section 1. Be it enacted, &c.. That the burgess 
;iud council of any borough of this Commonwealth, 
upon the petition of a majority of the property owners 
ui)on any public street thereof, may by ordinance 
require the planting and replanting of suitable shade- 
trees along and upon either side of any such street, 
upon such alignment and at such points as may by 
such ordinance be designated, by the owner or owners 
of property abutting the street at the points desig- 
nated ; and on failure of any such owner or owners 
after reasonable notice to comply with the terms of 
any such ordinances, the said authorities may caus(^ 
such trees to be planted or replanted at the expense 
of the borough ; and thereupon, in the name of the 
borough, collect such expense from the owner or 
owners in default, as debts of like amount are by 
law collectible: Provided, That the said authorities 
shall not require the planting or replanting of trees 
at any point or points which may interfere with the 
necessary or reasonable use of any street or abutting 
property, or interfere unreasonably with any business 
t hereon conducted. 

.\pproved— The 17th day of June, A. D. 1901. 

WILLIAM A. STONE. 



1901. 
560 



P L 



Boroaghi 
mar reqalw 
the plantlfif 
of Bhade 
trees by 
abutUn* 
owDeri 



280 (;AMK. I'MSJT. AND FOKlOS'l'K Y LAWS. 



AN ACT 

To (Mioouragc the planting of trees along tlic roaflsifl<'s 
of tliis Commonwealth, and providing a penalty for 
killing, removing or injuring the same ; what dis- 
position is to be made of moneys collected as penal- 
ties, and for keeping a record by the supervisor of 
roads or boards of supervisors of roads of the trees 
so planted and upon which a tax abatcm<nt has 
been granted. 



NOTE. — With the possible exoeTituiti rif a portion of sertjon 
5. this act is rendered Inoperative ))y the decision in Tubbs 
V. Tioga, 32 C C. 5C4, and subsequent legislation. See pages 
hereinafter. 

Negligence, Section 5. Any person who shall cut down, kill 

etc. or injure any living tree, planted or growing natu- 

rally as aforesaid, (that is, by the roadside), or wlm 
negligently or carelessly suffers a horse or other do- 
mestic animal, driven by or for him, to injure any 
trees hereinbefore mentioned, upon conviction thereof 
•^liall be subject to a penalty of not less than one dol- 
lar, nor more than five dollars, with costs of suit, 
for each and every tree so cut down, killed, removed 
or injured : Provided, That if the defendant or de- 
fondants neglect or refuse to pay at once the penalty 
so imposed and costs, or shall not enter sufficient bail 

'^^'i^- for the payment of the same within ten days, he or 

they shall be committed to the common jail of the 
county in which the offense was committed, for a 

Penalty period of not less than one day for each dollar" of 

penalty imposed and costs. , 

Approved— The 2d day of July. A. D. 1901. 

WTLLTAINT A. STONE. 



ProTleo. 



GAME, F18H, AND FORESTRY LAWS. 



281 



AN A(JT 



('onforring upon persons employed, under existing 
laws, by the Commisioner of Forestry, for the pro- 
tecting of State Forestry Reservations, after tak- 
ing the proper oath of office, the same powers as 
are by law conferred upon constables and other 
peace officers : to arrest, without first procuring a 
warrant, persons reasonably suspected by them of 
offending- against the laws protecting timber lands : 
also conferring upon them similar powers for the 
enforcement of the laws and rules and regulations 
for the protection of the State Forestry Reserva- 
tions, and for the protection of the game and fish 
contained therein ; and further, conferring upon 
them power to con\oy said offenders into the proper 
legal custody, for punishment ; this act to apply 
only to offenses committed upon said reservations 
and lands adjacent thereto. 

Section 1. Be it enacted, &c., That the persons 
employed, under existing laws by the Commissioner 
of Forestry, for the protection of State Forestry 
Reservations, shall, after taking the proper official 
oath before the clerk of the court of quarter sessions 
of any county of the Commonwealth, be vested with 
the same powers as are by existing laws conferred 
upon constables and other peace officers ; to arrest on 
view, without first procuring a warrant therefor, per- 
sons detected by them in the act of trespassing upon 
any forest or timber land within this Commonwealth, 
under such circumstances as to warrant the reason- 
able suspicion that such person or persons have com- 
mitted, are committing, or are about to commit, some 
offense or offenses against any of the laws now enacted 
or hereafter to be enacted for the protection of forests 
and timber lands. Such officers shall likewise be 
vested with similar powers of arrest, in the case of 
offenses against the laws or the rules and regulations 
enacted or to be enacted for the protection of the 
State Forestry Reservation, or for the protection of 
the fish and game contained therein : Provided, That 
the above mentioned rules and regulations shall have 
boen previouslv conspicuously posted upon the rfsci- 



1903. P. L. 
24. 



Employee of 
Commis- 
sioner of 

Forestry. 



!'ow«r8 
vt^ted in 



Forest uad 
timber land. 

State Fm- 
estry Beser- 
vatiMi. 

Proviso. 



282 



GAME, FISH, AND FORESTRY LAWS. 



vation. Said officers shall further be empowered, and 
it shall be their duty immediately upon any such ar- 
rest, to take and convey the offender or offenders be- 
fore a justice of the peace or other magistrate having 
jurisdiction, for hearing and trial, or other due pro- 

HroTiso. cess of law : Provided further. That this act shall 

extend only to the case of offenses committed upon 
said Forestry Reservations and lands adjacent there- 
to ; and the powers herein conferred upon said offi- 

I. Imitation. cers shall not be exercised beyond the limits thereof, 
except where necesary for the purposes of pursuing 
and arresting such offenders, or of conveying them 
into the proper legal custody, for punishment as afoi e- 
said. 

■^^•■pe*!- Section 2. All acts or parts of acts inconsistent 

herewith be and the same are hereby repealed. 

Approved—The 11th day of March, A. D. 1903. 
SAMUEL W. PENNYPACKER. 



190S. P. L. 
200 



Commls- 
■loner of 
Forestry and 
the Forestry 
Eeservatlon 
CommlBSion, 
empowered 
to g\re cer- 
tain prlTl- 
leges to 
•treet rail- 
way com- 
panies. 

Highways 
bordering «d 
(Mr vltfain 
forest reser- 
ratloDt. 



AN ACT 

To empower the Commissioner of Forestry and the 
Forestry Reservation Commission to give street rail- 
way companies the privilege to construct, maintain 
and operate their lines of railway over, along and 
upon public highways within or bordering on forest 
reservations owned by the Commonwealth. 

Section 1. Be it enacted, &c.. That the Commis- 
sioner of Forestry and the Forestry Reservation Com- 
mission are hereby authorized and empowered to give 
to street railway companies, duly incorporated under 
the laws of this Commonwealth, upon such terms and 
subject to such restrictions and regulations as said 
Commissioner and Commission may deem proper, the 
privilege to construct, maintain and operate their 
lines of railway over, along and upon public high- 
ways now laid out and in actual use, which lie within 
or border on any forest reservations now owned or 
hereafter to be acquired by the Commonwealth, when- 
ever in the judgment of the said Commissioner and 
Commission the interests of the Commonwealth in the 
said reservations shall be benefited thereby. 

Approved — The 15th day of April, A. D. 1903. 

SAMUEL W. PENNYPACKER. 



GAME, FISH, AND FORESTRY LAWS. 



283 



AN ACT 

To limit the amount of money expended each year 
by the State Forestry Reservation Commission in 
the purchase of lands for the Commonwealth. 

Section 1. Be it enacted, Sec, That from and after 
the passage of this act, the amount of money ex- 
pended by the State Forestry Reservation Commis- 
sion for the purchase of lands in any one fiscal year, 
shall not exceed the sum of three hundred thousand 
dollars : Provided, That contracts heretofore made 
for the purchase of land by the State Forestry Reser- 
vation Commission shall not be affected by this act. 
All proceeds derived from the lands purchased by the 
said Commission shall be paid into the State Treas- 
ury, and shall be held as a special fund, and shall 
be paid bv the State Treasurer to the said Commis- 
sion, from time to time, upon vearrants drawn by the 
Commissioner of Forestry and countersigned by the 
Auditor General, for the purpose of assisting in de- 
fraying the necessary expenses of protecting and im- 
proving the said lands, or for the purchase of ad- 
ditional land. 

Section 2, All acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved— The 15th day of April, A. D. 1903. 

SAMUEL W. PENNYPACKER. 



1903, P. L 
201. 



Forestry 
Reservation 
Commission. 
Limiting 
amount of 
money to be 
expended by. 
annually. 



Special fund 



Expenditure 
of. 



Repeal. 



AN ACT 

Directing the Commissioner of • Forestry to erect 
buildings on the Mont Alto Reservation or to pur- 
chase land and buildings adjacent to the said reser- 
vation, wherein to provide instruction in forestry, 
to prepare forest wardens for the proper care of 
the State Forestry Reservation lands and making 
an appropriation therefor. 

Section 1. Be it enacted, &c., That the Commis- 
sioner of Forestry is hereby directed, under the ad- 
vice of the State Forestry Reservation Commission, 
the Mont Alto State Forestry Reservation or to erect 
buildings on said Reservation, at a cost not to ex- 



1903 
S73. 



P. L. 



Appropria 
tion. 



284 



GAME, FISH, AND FORESTRY LAWS. 



ceod six thousand dollars, and to establish and pro- 
vide therein and on said Reservation practical in- 
struction in forestry, to prepare forest wardens for 
the proper care of the State Forestry Reservation 
lands ; the said instruction not to cost a sum exceed- 
ing ten thousand dollars, for the two fiscal years 
ending June first, one thousand nine hundred and 
five ; and the sum of sixteen thousand dollars, or so 
much thereof as may be necessary, is hereby appro- 
priated, out of moneys not otherwise appropriated for 
said purposes ; to be paid by warrant drawn by the 
Auditor General upon resolution of the State Forestry 
Reservation Commission. 

Approved-Thc 13th day of May. A. D. 1003. 

SAMUEL W. PENNYPACKER. 



1905, P. L. 
HI. 



rr":iiiilile. 



Forest re- 
serves. 



Annual 

charge 

against. 



AN ACT* 

Providing a fixed charge on lauds acquired by the 
State for Forestry Reserves, and the distribution 
of revenue, so derived, for school and road pur- 
poses. 

Whereas, The Commonwealth of Pennsylvania is 
acquiring large tracts of lands, in its several coun- 
ties, for the purpose of establishing forest rosorva- 
tions : and 

Whereas, The purchasing of said lands by the 
Commonwealth makes said lands exempt from taxa- 
tion ; and 

Whereas, Because of said exemption from taxation, 
districts in the several counties lose the revenue, se- 
cured from said pri,or taxation, and works a hardship 
upon the citizens thereof, by compelling them to make 
up the loss on school and road-taxes thus brought 
about : 

Section 1. Be it enacted, &c., That from and after 
the passage of this act, all lands acquired by th«> 
Commonwealth for forest reserves, and now exempt 
from taxation, shall be subject to an annual charge 
of threp cents per acre, for the benefit of the schools 
in the respective districts in which said reserve or 
reserves are located, and two cents per acre, for the 



•See later act relating to charge for schools, page ?W1. 



♦ iAME. FISH. AND FORESTRY LAWS. 



286 



beiK'fit of the roads in the townships where said re- 
8(>rve or reserves are located. 

Section 2. The Commissioner of Forestry shall cer- 
tify to the respective school districts and townships, 
throughout the Commonwealth, in which forest re- 
serves are located, the number of acres owned by th<" 
CommonMealth in each district or township, upon ap- 
plication of the treasurer or road supervisors of any 
of the said disti'icts or townships, and the charge 
against the same ; and shall, furthermore, certify to 
rho State Treasurer the number of acres as aforesaid, 
and tlie charge against the same and in favor of the 
resi»octive districts and townships. The State Treas- 
urei- shall, upon the approval of the proper warrants 
of tlio Commissioner of Forestry, paj" to the several 
school districts and townships the amounts due the 
same from the Commonwealth, and derived under tiiis 
act. upon duo application therefor made by the treas- 
urers or road supervisors of the said districts and 
townshiDS. 

Approved— Tho 5th day of April, A. D. 1905. 

SAMUEL W. PENNYPACKER. 



certificate 
as to num- 
ber of aoies, 
etc. 



I'ayiiient to 
school dis- 
tricts and 
townships. 



AN ACT 

To cmpovvei- the Commissioner of Forestry ami the 
Forestry Reservation Commission to give to bor- 
oughs and other municipalities the privileges of 
impounding water on Forest Reservations owned 
by the Commonwealth, and of constructing, main- 
taining and operating lines of pipes over and through 
the samp for the purpose of conveying water there- 
from. 

Section 1. Be it enacted, &c., That the Commis- 
sioner of Forestry and the Forestry Reservation Com- 
mission are hereby authorized and empowered to give 
to boroughs and other municipalities of this Common- 
wealth . upon such terms and subject to such restric- 
tions and regulations as said Commissioner and Com- 
mission deem proper, the p^i^^lcge of impounding 
water upon any Forest Reservations ,now owned or 
hereafter to be acquired by the Commonwealth, and 
of constructing, maintaining and operating lines of 
pipes upon and through said reservations, for the pur- 



ino.",, I' 
ir.G. 



Forestry 

reserra- 

tion. 



Privileges 
of boroughs 
and munici- 
palities. 

Pipe-lines. 



^86 



OAME. FISH, AND FORESTRY LAWS. 



pose of conveying water therefrom^ whenever in the 
judgment of the said Commissioner and Commission 
it shall be to the public interest so to do. 

Approved— The 14th day of April, A. D. 1905. 

SAMUEL W. PENNYP ACKER. 



L907, P. I.. 
.S49. 



^hade trees. 



^hade-tree 
(^ommissiun. 



Proviso. 

Existing 
park -com- 
missions. 



.Acceptance 
of this act. 



AN ACT* 

To provide for the planting and care of shade-trees, 
on highways of townships of the first class, bor- 
(tughs, and cities of the Commonwealth of Pennsyl- 
vania, and providing for the cost thereof. 

Section 1, Be it enacted, &c., That in townships 
of the first class, boroughs, and cities of the Com- 
monwealth of Pennsylvania there may be appointed, 
in the manner hereinafter provided a Commission of 
three freeholders, to be known and designated as the 
Shade-tree Commission of the said township, borough, 
or city, who shall serve without compensation, and 
who shall have exclusive and absolute custody and 
control of, and power to plant, set out, remove, main- 
tain, protect, and care for shade tress, on any of the 
public highways of the said townships, boroughs, and 
cities, the cost thereof to be provided for in the man- 
ner hereinafter stated : Provided, That in townships, 
boroughs, or cities in which a Commission for the 
care of public parks shall have been created, said Com- 
mission shall, upon the acceptance of this act as pro- 
vided in section two, be charged with the duties of 
the Commission as above provided, and shall, for that 
purpose be possessed of all the powers herein men- 
tioned and granted. 

Section 2. The commissioners of any township of 
the first class, or the councils of any borough or city, 
in the State of Pennsylvania, may, by majority vote 
in the case of tli*^ commissioners, or by joint resolu- 
tion in the case of the councils, accept the provisions 
of this act, and when such majority vote or joint 
resolution shall have been duly passed and approved, 
and such Shade-tree Commissioners appointed, or, in 
their stead, the duties and powers herein provided 
have been devolved upon an existing park commission, 
then, from that time and in that event, this act and 
all its provisions shall be in full force and application 



*ThlB act has been modified bj the new borough and cit7 
•odea. 



GAME, FISH, AND FORESTRY LAWS. 



287 



in such township of the first class, borough, or city, 
so accepting ; and such commissioners shall be ap- 
pointed, for terms of three, four and five years, re- 
spectively, and, on the expiration of any term, the 
new appointment shall be for five years, and any 
vacancies shall be filled for the unexpired term only ; 
and in townships of the first class the said appoint- 
ment shall be made by the commissioners thereof; and 
in boroughs, by the chief burgess, and in cities by the 
mayor thereof: Provided, That in cities where a 
Commission exists for the care of public parks, the 
term and appointment of such Commission shall not 
be changed by this act, but shall be and remain as 
provided by the act of Assembly, and by the ordi- 
nance of councils creating such Commission for the 
cars and maintenance of public parks. And such 
Shade-tree Commission shall, twice in every year, 
report in full its transactions and expenditures for 
the municipal fiscal year then last ended, to the ou- 
thority under and by which it was appointed : Pro- 
vided, That an existing park commission, acting under 
this enactment, may embody its report in its regular 
report to the councils, as by law or ordinance pro- 
vided. 

Section 3. That when such shade-tree commission- 
ers, or park commissioners so acting, shall propose 
the setting out or planting or removing of any shade 
trees, or the material changing of the same in any 
highway, they shall give public notice of the time and 
place appointed for the meeting at which such con- 
templated work is to be considered, specifying in de- 
tail the highways, or portion thereof, upon which trees 
are proposed to be planted, removed, or changed, in 
one or more — not exceeding two in all — of like news- 
papers published in said township, borough, or city, 
once each week for at least two weeks, prior to the 
date of said meeting. 

Section 4, The cost of planting, transplanting, or 
removing any trees in any highways, and of suitable 
guards, curbing, or grading for the protection thereof, 
when necessary, and of the proper replacing of any 
pavement or sidewalk necessarily disturbed in the 
doing of such work, shall be borne oy the owner of 
the real estate in front of which such trees are 
planted, set out, or removed ; and the cost thereof as 
to each tract of real estate shall be certified by the 
commissioner to the township commissioners, or to the 
presidents of the councils in boroughs and cities, and 



TeitnB of 

commis 

Bionen. 



Appoint- 
ment!. 



Prorlio 



AiHiaal re- 
port. 

ProTlio 



Tree-pltnt- 
ing. etc. 



Kotice shall 
be pub- 
lished. 



C<wt of 
planting, 
transplant- 
ing, etc. 



Certificate*. 



•J88 



GAME, FISH. AND FORESTRY LAWS. 



Lien 



Cost of fare 
and paJilina- 
tion. 



Tax 



Proviso. 



Appropria- 
tion. 



Superin- 
tendent, en- 
gineer, 
wardens, 
etc. 



Regulations. 



jilso to the person having charge of the collection of 
taxes for the said township, borough, or city ; and 
upon the filing of said certificates, the amount of the 
eosr of such improvement, of which notice shall also 
b(! given to each property owner involved, accompanied 
with a copv of the aforesaid certificate, together with 
a notice of the time and place for payment, shall be 
:ind become a lien upon said real estate, in front of 
which said trees have been planted, set out, or re- 
moved ; said lien to be collectible, if not paid in ac- 
cordance with notice as herein provided, in the same 
manner as other liens for taxes are now collectible 
against the property involved. 

Section 5. The cost and expense of caring for said 
trees after having been planted or set out, and the 
expense of publishing the notices provided for in sec- 
tion three, shall be borne and paid for by a general 
tax, to be levied annually in the manner that taxes 
for township, borough, and city purposes are now 
levied in such townships of the first class, boroughs, 
or cities : such tax not to exceed the sum of one-tenth 
of one mill on the dollar on the assessed valuation of 
the property in such townships of the first class, bor- 
oughs, or cities ; and the needed amount shall each 
year, in due time, be certified by the shade-tree com- 
missioners to the proper authorities charged with the 
assessment of taxes in said townships, boroughs, or 
eities, to be assessed and paid, as other taxes are as- 
sessed and paid, and to be drawn against as required 
by said commissioners, in the same manner as moneys 
appropriated for township, borough, or city purposes 
are now drawn against in said townships, boroughs or 
cities provided that the commissions of any township 
of the first class and the councils of and borough or 
city, accepting the provisions of this act, may provide 
for the expense of the maintenance of trees on high- 
ways, in accordance with the provisions of this section 
by actual appropriation, equal to the amount certified 
to be required by the said Commission, in lieu of the 
specific assessment above authorized. 

Section 6. The Commission, under which the pro- 
visions of this act shall be carried out. in any town- 
ship of the first class, borough, or city, shall have 
power to employ and pay such superintendents, en- 
gineers, foresters, tree-wardens, or other assistants, 
as the proper performance of the duties devolving 
upon it shall require ; and to make, publish and en- 
force regulations for the care of, and to prevent in- 



GAME. FISH, AND FORESTIiY LA^YS. 28t) 

jury to, the trees on the his^hways of any townships, , 
borough, or city accepting the provisions of this act ; 
and to assess suitable fines and penalties for violations pi,,^ a^j 
of this act, provided such regulations shall have been penalties. 
published at least twice in one or more, not exceeding 
two. newspapers of the township, borough, or city, 
involved, after having been submitted to and being 
approved by the commissioners of the township of the 
first class, or the councils of the borough or city 
affected ; and such fines and penalties, so assessed for 
violations of this act, shall become liens upon the real Lif.„s. 
property of the offender, and be collectible by the con- 
stituted authorities, as liens for taxes upon real prop- 
erty are now collected. 

Section 7. All the moneys due and collected from Disposition 
fines or penalties or assessments, in consequence of of fines, 
the acts of said Shade-tree Commission in enforcing etc. 
this act, shall be paid to the treasurers of the town- 
ships, boroughs, and cities accepting its provisions, 
and shall be placed to the credit of said commission, 
subject to be drawn upon by the said commission for 
the purposes of this act. 

Section 8. All acts and parts of acts inconsistent 
with this act are hereby repealed. 

Section 9. This net shall take effect immediately; Repeal. 
but its provisions shall not be and become binding 
upon any townshij), borough, or city until it has been 
duly accepted, as provided in section two. 

Approved— The 31st day of May, A. D. 1907. 

EDWIN S. STUART. 



1907, P. L. 



AN ACT 

Establishing precautionary regulations to prevent for- 
est fire : on lands in which oil-wells and gas-wells 
are situated, and diminish danger therefrom; mak^ 
ing certain violations thereof misdemeanors, and 
prescribing punishment for the same, and in other 
casen affixing penalties and declaring liabilities for 

damages. Forest fires. 

Scrdonl. Be it enacted, &c., That fallows, stumps, to^m^^^S 

log.?, brush, dry grass, fallen timber, or tree-tops shall Lands upon 

not be burned in any forest lands of this Common- which are 

w. -1th, in which they are producing oil-wells or gas- ^^JnT^ ^^^ 
19 



290 



GAME, FISH, AND FORESTRY LAWS. 



"nen tires 
.any not be 
-turted. 

\\'hen fires 
n)!iy be 
started. 



Conditions. 



Violations 



Misde- 
meanor. 



Fine. 



Commit- 
ment. 

Proviso. 

Appeal. 

Bail. 



.\nnual 
clearance of 
lands of in- 
flammable 
material. 



wells, or rigs erected for drilling such wells, from the 
first day of April in each year to the twentieth day of 
May next ensuing, nor from the tenth day of Septem- 
ber in each year to the tenth day of November, ensu- 
ing. Excepting during the peridos aforesaid, fires may 
be set in lands upon the following conditions : First, 
that written permission thereto, to the fire-warden of 
the proper township, shall first be obtained ; second, 
said fire-warden shall be personally present when such 
fire is started ; third, such fire shall not be started 
during a strong wind, nor without sufficient help to 
control the same at all times ; fourth, such fire shall 
be watched and guarded, by the person by whom it is 
started, until it is extinguished. No fires shall be set, 
or allowed to burn, in gaid lands, excepting upon com- 
l)liance with the conditions aforesaid. Any person 
violating any provisions of this section shall be deemed 
guilty of a misdemeanor ; and, upon being convicted- 
ihereof before any alderman or magistrate, shall be 
fined by the said alderman or magistrate, — for the 
first offense, in the sum not less than ten dollars or 
more than twenty dollars, and for the second, and 
every subsequent offense, in the sum not less than 
twenty nor exceeding one hundred dollars, to be paid 
to the county wherein such offense may be committed : 
and if said fine or penalty and the costs of the ■ pro- 
ceedings be not paid, then said alderman or magis- 
trate shall commit said offender to the county jail, 
there to remain until discharged by due course of law : 
Provided, That when the fine imposed exceeds the sum 
of twenty dollars, the party complained against may 
appeal from the decision of said alderman or magis- 
trate to the court of quarter sessions, upon his enter- 
ing bail, in the nature of a recognizance, in the usual 
manner, for his appearance at said court, where the 
offense shall be prosecuted in the same manner as is 
now directed by law in other cases of misdemeanor. 
Section 2. Any owner or lessee of any forest lands, 
or owner of trees growing upon said lands, or any 
person in charge of the premises upon which lands 
there are producing oil-wells or gas-wells, or rigs 
erected for drilling such wells, shall, at least once in 
each year, cause to be removed from said lands all 
brush, tree-tops and branches of trees, which such 
owner, lessee, or other person in charge of the 
premises, may have cut or felled thereon, within one 
hundred feet, respectively, of all such wells or rigs ; 
and shall, at least once in the year, cause to be re- 



GAME, FISH, AND FORESTRY LAWS. 



291 



moved from said land all grass, brush, tree-tops, and 
branches of trees, and other inflammable material, 
within one hundred feet of the right of way of any 
railroad company operating thereon ; to the end that 
(luring the spring and autumn season, as defined in 
the first section of this act, the said area shall be 
free and clear of such inflammable material. In case 
any person, partnership, or corporation shall neglect 
to perform the duty imposed by this section, the same 
shall be liable to a penalty of fifty dollars for failure, 
in any instance, to comply with the duty imposed by 
this section ; to be paid to the county where the offense 
may be committed, recoverable in an action of as- 
sumpsit, in which the county wherein such violation 
occur shall be the plaintiff. 

Section 3. Every railroad company shall, on such 
part of its road as passes through forest land on 
which there are producing oil-wells or gas wells, or 
rigs erected for drilling such wells, cut and remove 
from its right of way through said lands, at least 
once a year, all grass, brush and other inflammable 
materials ; employing, in the seasons defined in the 
first section of this act, sufficient trackmen to prompt- 
ly put out fires on its right of way ; provide locomo- 
tives thereon with steel netting or iron wire on the 
smokestacks or other efficient spark-arresters, to pre- 
vent the escape of fire or sparks, and adequate de- 
vices to prevent the escape of fire from ash-pans and 
furnaces, and the same shall be used by every engi- 
neer and fireman on such part of its road. No rail- 
road company, or employe thereof, shall deposit tire, 
coals or ashes on its track or right of way near such 
lands. In case of fire on its own or neighboring lands, 
within one hundred feet of its tracks, the railroad 
company shall use all practicable means to put it out. 
In case of any violation of the provisions of this sec- 
tion, such railroad company shall be answerable to 
the owner or owners of any property destroyed or in- 
jured by fire in consequence of such violation ; and 
said company shall further be liable to a penalty of 
one hundred dollars for such violation, to be paid to 
the county wherein the violation may occur, recover- 
able in an action of assumpsit in which the county 
wherein such violation occurs shall be the plaintiff. 

- Ap]iroved~ The 12th day of June, A. D. 1907. 



Dutieg of 

railroad 

companle«. 



Spark ar- 
reaterg. 



Fires. 



Violations. 



Penalty. 



EDWIN S. STUART. 



292 



GAME, FISH, AND FORES'l'IiV LAWS. 



1909, P. L. 
97. 



Trees within 

highway 

limits. 

Forested or 
nnciiltl rated, 
lands. 



Beyond fif- 
teen feet 
from center 
line of road. 



Consent of 

abutting 

owner. 

Appeal. 



Hearing. 
Order. 

ProTlio. 
Brush, etc. 

ProTlso. 



. AN ACT 

To protect trees growing by the roadsides and within 
the road limits ; and providing a penalty for the 
unlawful killing, the removal of, or injury to the 
same. 

Section 1. Be it enacted, «Slc., That where any 
public highway in this Commonwealth passes through 
or along forested lands, wild lands, or uncultivated 
lands, no trees growing within the limits of the said 
highway, at a distance beyond fifteen feet on either 
side of the center-line of said highway, which shall 
measure four inches or over in diameter at a point 
two feet from the surface of the ground, shall be cut 
down or destroyed by the commissioners, supervisors, 
or road-masters employed by them, or any other per- 
son, without first obtaining the consent of the abutting 
owners. If any board of commissioners or super- 
visors deem the removal of any such trees, beyond 
said limit of fifteen feet on each side of the centre- 
line of said highway, necessary for the improvement 
of the road, and the consent of the abutting property 
owners cannot be obtained, the board of commissioners 
or supervisors may appeal the matter to the judge of 
the court of the proper district ; who is hereby directed 
to examine and inquire into all such subjects of dis- 
pute which may be referred to him, and, having due 
regard for the demand of road improvement as well 
as for the preservation of the trees, shall , after hear- 
ing all parties in interest, make such order in respect 
thereof as to him shall appear reasonable, equitable, 
and just ; and from whose decision there shall be no 
appeal : Provided, That the commissioners or super- 
visors shall at all times have the right to clear out 
brush and other refuse from along the sides of the 
road, to the legal width thereof ; And provided further. 
That all such clearing and removel of brush and refuse 
shall be confined to growth that is under the limit 
hereinabove described, and to the removal of branches 
that in any way interfere with public travel ; and that 
no other injury, by fire, cutting, abrasion, or otherwise, 
shall be done to the standing timber. 



GAME, Fi«H, AND FORESTRY LAWS. 



291 



Section 2. Whenever any public highway running 
through improved or cultviated lands, in this Common- 
wealth, has been opened, and there shall be growing 
along the roadsides, and within the road limits, shrubs 
or trees not interfering with public travel, no board 
of supervisors or road-masters or other persons in 
their employ, shall remove, cut, injure, or destroy or 
in any other manner interfere with, such shrubs or 
trees, unless said removal or cutting shall be abso- 
lutely necessary for the purpose of maintaining the 
highway at its best and highest efficiency ; and, then, 
not until the abutting property owners shall have re- 
ceived notice thereof, and an agreement shall have 
been entered into between the local highway authori- 
ties and the abutting property owners relating to the 
removal, cutting, or interference with said trees. If 
the said parties shall be unable to arrive at an agree- 
ment in respect thereto, the same shall be referred 
to a judge of the proper court, as aforesaid. Said 
judge shall examine and inquire into the subject of 
controversy, and, in like manner, render liis decision, 
as provided for in section one of this act ; and from 
which decision there shall be no appeal. 

Section 3. All logs, cordwood, branch wood, or 
other forms of wood, which shall be derived from the 
destruction or removal of any trees growing along the 
public highways of this Commonwealth, as aforesaid, 
shall be surrendered to, and remain the property of, 
the respective abutting owners. 

Section 4. Nothing in this act shall be so construed 
us to prevent the local highway authorities, anywhere 
in this Commonwealth, from removing such roadside 
trees which may be thrown down by the wind, or 
lodged in such position as to bo a menace to public 
travel, or which, by reason of any other cause, become 
a source of danger to the public and ought to be 
romoved ; but everv such act of removal on the part 
of the highway authorities shall always be made with 
due regard to the circumstances in such case, so as 
to preserve the true intent and purpose of this act. 

Section 5. The term ''highway authorities" in this 
net shall be construed to mean any person who, by 
law shall be vested with the power to deal in any 
mannor with the public highways of this Common- 
wealth, and shall include the officials of the State 
Highway Department, supervisors, road-masters, and 
all persons employed by them in any capacity, or who 
f'xrroise any nuthority ovor said roads or highways. 



Cultivated 
lands. 



Cutting 
sliall be nec- 
essary. 

Notice to 

abutting 

ov/nerg. 



Appeal. 
Decisloa. 



Logs, cord- 
wood, etc. 



WindfalU, 
etc. 



Menace to 
travel. 



"Highway 

authorltlei' 

construed. 



294 

viola tlone. 



MlBde- 
aeanor. 

fine. 



■earing. 



Ooaunlt- 
■ent. 



■•peal. 



GAME, FISH, AND FORESTRY LAWS. 

Sfiction 6. If any commissioner, supervisor, road- 
master, or person in their employ, or any other per- 
son, shall cut down, kill, or injure any living tree, 
growing as aforesaid, and of a size four inches in 
diameter, or greater, at a point two feet from the sur- 
face of the ground, or shall violate any other provi- 
sion of this act, he shall be guilty of a misdemeanor, 
and, upon conviction tluioof, shall be subject to a 
penalty of not more than five dollars for every tree 
so cut, injured, or destroyed, with costs of suit; to be 
recovered in afi appropriate action to be brought be- 
fore any magistrate, alderman, or justice of the peace 
of the county wherein the said offense was committed, 
who. upon affidavit of any person, duly presented, is 
hereby authorized and directed to issue his warrant 
to any person empowered to make arrests, directing 
him to arrest the person so charged. The said magis- 
trate, alderman, or justice of the peace shall, there- 
upon, proceed to hear both the complainant and the 
defendant and their witnesses, and shall forthwith de- 
cide as to him shall appear to be just and right. If 
any defendant upon conviction for any offense shall 
fail or refuse to pay the fine and costs which may 
be imposed upon him, or shall not give bond with 
approved surety to pay the same within ten days, 
he shall be committed to the jail of the county wherein 
the offense was committed, there to remain for a 
period not to exceed thirty days, or until he shall, 
in the meantime, have paid the said fine and costs 
in full. 

Section 7. All acts or parts of acts in conflict here- 
with be and the same are hereby repealed. 

Approved— The 1st day of April, A. D. 1909. 

EDWIN S. STUART. 



GAME, FISH, AND FORESTRY LAWS. 



295 



AN ACT 

To permit the acquisition of forest or other suitable 
lands by municipalities for the purpose of estab- 
lishing municipal forests ; and providing for the 
administration, maintenance, protection, and devel- 
opment of such forests. 

Whereas, It has been demonstrated by time and ex- 
perience in the countries of continental Europe that 
properly managed municipal forests have proved to be 
important sources of municipal revenue, tending 
greatly to reduce the burden of municipal taxation ; 
and 

Whereas, Many of the townships, boroughs, and 
cities of this Commonwealth are so located that it 
would be proper and expedient for them to possess 
tracts of land to be used for the purposes of municipal 
forests, in many instances conserving and protecting 
the water supply and promoting the healthfulness of 
said municipality, and capable, as well, as yielding 
revenue applicable to the purposes of such municipali- 
ties ; therefore : — 

Section 1. Be it enacted, &c., That all townships 
of the first class, boroughs, and cities of this Com- 
monwealth are hereby empowered to acquire, by pur- 
chase, gift, or lease, and hold as the property of the 
municipality, tracts of lands at present covered with 
forest or tree growth, or suitable for the growth of 
trees, and to administer the same, under the direction 
of the Commissioner of Forestry of the Commonwealth 
of Pennsylvania, in accordance with the practices and 
principles of scientific forestry, for the benefit and 
advantage of the said municipalities. Such tracts may 
be of any size suitable for the purpose, and may be 
located either within, adjacent to, or at a distance 
from the corporate limits of the municipality purchas- 
ing the same : Provided, That it shall be requisite 
for the commissioners, burgess, or mayor of any mu- 
nicipality, availing itself of the provisions of this act, 
to submit to the Commissioner of Forestry, and secure 
his approval of, the area and location of any lands 
proposed to be acquired for the purposes of municipal 
forests, previous to the passage of the ordinance pro- 
vide! for in section two. 



1D09, r. L 
124. 



Whereas. 



Whereas. 



Municipal 
forests. 

Acquire- 
ment and 
holdinir of. 



Size and 
location. 



Proviso. 



Approval of 
Commis- 
sioner. 



296 



GAME, FISH, AND FORESTRY LAWS. 



Ordinance. 



Facts and 
conditions. 

Advertise- 
ment. 

Appropria- 
tion. 



Bonds. 



Aoquisitiiiii 
of forest 
or land. 

Mules. 



I'ublica- 
tiou of. 



Mainte- 
mance, etc. 



Revenues, 
etc. 



I'arks. 



Mimicipal. 
Revenue. 

.\lienation. 



Section 2. Whenever the township commissioners 
of any township of the first class, or the councils of 
any borough or city, shall deem it expedient for the 
municipality to acquire any such lands for the pur- 
poses of a municipal forest, they shall so declare in 
an ordinance, wherein shall be set forth all facts and 
conditions relating to the proposed action ; which said 
proposed ordinance prior to its passage shall be duly 
advertised once a week for three weeks and after its 
passage and approval in accordance with existing law. 
All money necessary for the purchase of such tracts 
shall be appropriated in like manner as is now done, 
under existing law, for municipal purposes ; and such 
funds may be provided out of current revenue, or by 
the proceeds of a sale of bonds, in accordance with 
existing law. 

Section 3. Upon the acquisition of any municipal 
forests or of lands suitable for such, under this act. 
the proper authorities shall notify the Commissioner 
of Forestry, who shall make such rules for the govern- 
ment and proper administartion of the same as may 
be necessary. The municipal authorities shall there- 
upon publish such rules, declare the uses of the forests 
in accord with the true intent of this act, and make 
such provision for its administration, maintenance, 
protection, and development as shall be necessary or 
expedient. 

Section 4. All moneys necessary to be expended, 
from time to time, for the administration, mainten- 
ance, protection, and development of said forest, shall 
be appropriated and applied as is now done, under 
existing law, for municipal purposes ; and all revenue 
and emoluments arising from said forest shall be paid 
into the municipal treasurj^ to be used for general 
municipal purposes. 

Section 5. The municipal forest may be used by 
the people for general outing or recreation grounds, 
subject to the rules governing its administration for 
the purpose of a municipal forest, in which the major 
idea shall be the sale of forest products for producing 
a continuing municipal revenue. 

Section 6. The alienation of a municipal forest, or 
any part thereof, shall be made only in the manner 
prescribed herein for the purchase of the same ; to 
wit, by ordinance duly advertised before and after 
passage, but such ordinance shall not be eifective in 



GAME, FISH. AND FORESTRY LAWS. 



297 



legalizing such alienation nntil after it shall have been Popular 
approved bj' a majority vote of the peo]ile at the next you\ 
• •nsiiing election. 

Approved— The 22d day of April, A. D. 1909. 

EDWIN S. STUART. 



AN ACT 

Relating to the granting of titles by the Common- 
wealth of Pennsylvania to vacant or unappropriated 
land, the price to be paid for the same, the con- 
veyance to the State Forestry Reservation Commis- 
sion, where desirable for forest culture or forest 
preservation, preventing the granting of warrants 
for the beds of navigable rivers, and providing for 
acceptance of returns of surveys without limitation 
as to excess or surplus. 

Section 1. Be it enacted, &c., That whenever an 
application shall be made to the Secretary of Internal 
Affairs for any vacant or unappropriated land, of any 
kind or description whatsoever, it shall be the duty 
of the Secretary of Internal Affairs to make or cause 
to be made a careful investigation concerning the land 
applied for in said application, with a view of de- 
termining, so far as practicable, whether any office 
rights have heretofore been granted for the land de- 
scribed in said application ; and he may also, at his 
discretion, cause a survey to be made thereof, to as- 
certain whether such land is vacant or unappropri- 
ated and if it shall be found that the land described 
in said application lias heretofore been appropriated, 
or that it is not vacant or unappropriated land, he 
shall make a report to that effect, which report, to- 
gether with others relating to the proceedings in the 
case, shall be filed among the records of the Land 
Office, and shall be conclusive as to the question of 
vacancy : Provided, however, That the applicant shall 
be entitled to an appeal to the Board of Property 
under such rules as said Board of Property may adopt. 

If, in the opinion of the Secretary of Internal 
Affairs, the land applied for shall be vacant or unap- 
propriated, it shall be tlie duty of the Governor of 
the Commonwealth, the Attorney General, the Secre- 
tary of the Commonwealth, and the Secretary of In- 



1909. i' L 
413. 



Laiid.s, VH 
cant 01' 111) 
appropri- 
ated. 

Duty of 
Secretary of 
Internal 
Affairs. 



Survey. 
Report. 



ProTiso. 
Appeal. 



Appraisers. 



298 



GAME, FISH, AND FORESTRY LAWS. 



ValuarioD 



Certificate 
of value. 



In case of 
refusal or 
Qeglect. 



Other ap- 
praiserg. 

Report. 



Request for 
payment. 



Titles. 



ProviBO. 

State For- 
estry Reser- 
vation Com- 
mission 
shall have 
notice. 



ternal Affairs to appoint three disinterested reputable 
persons to estimate and value the land so applied for 
who shall, before they enter upon the duties of theii 
appointment, take an oath or affirmation, before a 
justice of the peace or other officer having authoritj 
to administer an oath, that they vv^ill justly estimate 
and a true valuation per acre make of all the land 
contained in the tract applied for; and, also, they 
shall state that they are not directly or indirectly in- 
terested in the application for the land applied for. 

The persons thus appointed and sworn or affirmed 
shall proceed to value the land by going on the same, 
and, having regard to the soil, timber, fisheries, min- 
erals, other advantages, and the local situation thereof, 
and, having agreed upon the valuation per acre of the 
land so applied for, shall certify the same, under their 
hands, directed to the Secretary of Internal Affairs ; 
and in case they refuse or neglect to perform any of 
their duties as aforesaid, within ninety days from the 
date of their appointment, then said appointment shall 
become null and void ; and it shall be the duty of the 
Governor of the Commonwealth, the Attorney General, 
the Secretary of the Commonwealth, and the Secretary 
of Internal Affairs to appoint three other persons to 
estimate the lands, as hereinbefore provided. Upon 
the receipt of the report of the appraisers, the Secre- 
tary of Internal Affairs shall notify the applicant of 
the value given to the land so applied for, and shall 
request payment of the amount due the State by virtue 
of such appraisement, and until such payment is made, 
according to the price fixed by the said appraisers and 
within the time hereinafter specified, the Secretary of 
Internal Affairs shall withhold the granting of the 
warrant. 

If payment is made in accordance with such ap 
praisement, the money so paid shall be immediately 
turned into the State Treasury, and the Secretary of 
Internal Affairs shall grant title to the applicant for 
the land so applied for and appraised, in the manner 
now provided by law, and the expenses incident to 
the investigation, survey, and appraisement shall be 
paid by the Commonwealth : Provided further, That 
before appraisers shall be appointed as herein stipu- 
lated it shall be the duty of the Secretary of Internal 
Affairs to submit to the State Forestry Reservation 
Commission a copy of the application made for said 
vacant or unappropriated land, together with a de- 
scription thereof as ascertained through said investiga- 



GAME, FISH, AND FORESTRY LAWS. 



299 



riou and survey ; whercnpon it shall be the duty of 
the said State Forestry Reservation Commission to 
determine whether it is desirable or practicable that 
such vacant or unappropriated land should be acquired 
for forest culture or forest reservation ; and said State 
Forestry Reservation Commission shall, within the 
period of two months, make report to the Secretary 
of Internal Affairs as to the desirability or practic- 
ability of securing such vacant or unappropriated land 
for forest culture or forest reservation, and if in said 
report a request shall be made for the conveyance of 
such vacant or unappropriated land to the State For- 
estry Reservation Commission, it shall be the duty of 
the Secretary of Internal Affairs to grant a warrant 
and patent, according to the usual custom of the Land 
Office Bureau, conveying such vacant or unappro- 
priated land to the State Forestry Commission, with- 
out the payment of any purchase money, interest, or 
fees. 

Section 2. That whenever such vacant or unappro- 
I)riated land shall not be conveyed to the State For- 
estry Reservation Commission, as provided in the first 
section of this act, it shall be the duty of the person 
or persons making application, as aforesaid, for such 
land, to pay the amount of money as fixed by the 
appraisement into the office of the Department of In- 
ternal Affairs within three months from the date of 
the filing of the report of the appraisers in the De- 
partment of Internal Affairs, due notice of which shall 
be mailed to the applicant by the Secretary of Inter- 
nal Affairs ; and if such applicant shall not make 
payment within the time specified, he shall be deemed 
to have abandoned the purpose of securing a grant 
from the Commonwealth for the land so applied for 
and appraised, and such vacant or unappropriated 
land may then be disposed of to any applicant there- 
for, on the payment of the price as fixed by the report 
of the appraisers as hereinbefore provided : Provided 
however, That in cases where caveats are filed and 
pending before the Board of Property, the time shall 
be extended to cover their determination by that 
board. 

Section .3. That on and after the passage of this 
net. there shall be no warrants or other office rights 
granted in any of the counties of the Commonwealth 
for lands in the beds of navigable rivers, or in beds 
of stream which are by law declared public highways. 



Beport. 



Warrant 
patent. 



Non-paj- 
ment of 
valuation. 



ProTiw. 



Beds of 
navigabl* 
rivers, ete. 



300 



GAME. FISH, AND FORESTRY LAWS. 



Application 
of Forestry 
Commission. 



Pre-emption 
rights. 



Snrreyi. 



Excess or 
turplus. 

ProTlso. 

Payment of 

purchase 

money. 

ProTlso. 



Prior war- 
rant, etc. 

Act of 
March 28, 
1905, cited 
for repeal. 



Repeal. 



Section 4. That whenover the State Forestry Reser- 
vation Commission shall apply for vacant or unappro- 
priated land for forest culture c»r forest reservation, 
the Secretary of Internal Affairs is hereby authorized 
to grant title to such applied for lands in the manner 
provided by law, without the payment of purchase 
money, interest, or fees. 

Section 5. This act shall not be construed to affect 
any pre-emption rights which may have been acquired 
under existing laws, or the right of any person who 
may have an application for vacant land pending with 
the Secretary of Internal Affairs, of the date of the 
approval of this act. 

Section 6. That the Secretary of Internal Affairs 
is hereby authorized and empowered to accept any and 
all surveys, regularly made and returned to the De- 
partment of Internal Affairs, in pursuance of any 
warrant, location, actual settlement, or order of sur- 
vey, without limitation as to the quantity of excess 
or surplus over the amount specified in the warrant 
or application: Provided, That the purchase money 
and interest on such excess be paid into the State 
Treasury at the rate stipulated in the warrant, or as 
otherwise required by law, prior to the acceptance of 
the return and survey and issuance of a patent there- 
on : And provided further, That no acceptance of a 
return of survey shall, in any case, prejudice or affect 
the right or title of any other person in or to such 
excess or surplus land by virtue of a prior warrant, 
location, actual settlement, or order of survey thereon. 

Section 7. The act of Assembly, entitled "An act 
relating to the granting of titles by the Common- 
wealth to vacant or unappropriated land, the price to 
be paid for the same, the conveyance to the State For- 
estry Reservation Commission where desirable for 
forest culture or forest preservation, and preventing 
the granting of warrants for the beds of navigable 
rivers," approved the twenty-eighth day of March, 
Anno Domini one thousand nine hundred and five, is 
hereby repealed : and all other acts, or parts of acts 
inconsistent with tho provisions of this act, arc also 
hereby repealed. 

Approved— The 3d day of May. A. D. 1009. 

EDWIN S. STUART. 



GAME, FISH, AND FORESTRY LAWS. 



301 



AX ACT 

Providing a fixed charge on lands acquired by the 1909, p. l. 
State for forest reserves, and the distribution of the 744. ' 
same for school purposes in the townships and bor- 
oughs wherein State reserves are located. 

Whereas, The Commonwealth of Pennsylvania is preamble. 
acquiring large tracts of land in its several counties 
for the purpose of establishing forest reserves, which 
lands are exempt from taxation ; and 

Whereas, Because of such exemption, the several preambu 
school districts within which said reserves are located 
lose the revenue secured from prior taxation, thus 
working a hardship upon the citizens of said districts; 
therefore, / 

Section 1. Be it enacted, &c.. That from and after 
the passage of this act, all lands now acquired or here- 
after to be acquired by the Commonwealth for forest 
reserves, and which by existing laws are now exempt 
from taxation, shall be subject to an annual charge of Annual 
two cents per acre for the benefit of the schools in charge, 
the respective districts in which said reserves are 
located : Provided, That no school district shall be 
entitled to receive any sum of money from the State, 
under this act, unless said school district shall levy 
and collect a tax, for the support of its schools, of not 
less than four mills on the dollar of the assessed valua- 
tion in said school district. 

Section 2. The Commissioner of Forestry shall cer- 
tify to the respective school districts throughotit the 
Commonwealth in which forest reserves are located, 
and to the State Treasure]-, the number of acres owned 
by the Commonwealth therein, for forest reserve pur- 
poses, and the amount of the charge in favor of each 
district. The Commissioner of Forestry shall draw 
his warrant in favor of the treasurer of each of said how paj- 
school districts, which said warrants, after the ap- able, 
proval and counter signature of the Auditor General 
of the Commonwealth, shall be paid by the State 
Treasui-er to the respective school districts in whose 
favor the same may be so drawn ; and the sum of 
forty thousand dollars, or so much thereof as may 
he necessary, be and the same is hereby specifically 



S02 



GAME, FISH, AND FORESTRY LAWS. 



appropriated, for the purposes of this act, for the 
two fiscal years beginning June first, one thousand 
nine hundred and nine. 

Section 3. ^ That all acts or parts of acts incon- 
sistent herewith be and the same are hereby repealed. 

Approved— The 13th day of May, A. D. 1909. 

EDWIN S. STUART. 



1911, P. L. 
168. 



Forest 
Beierves. 



JCindling of 
Ore upon or 
within. 



Penalty. 



Injnry, de- 
itruction or 
remoral of 
trees. 



Penalty. 



MntlUtlmi. 
ilstmoitsm, 
•to., vt ralM 
er metlew. 



AN ACT 

To protect the State Forest Reserves, and providing 
punishment for the violation thereof. 

Section 1. Be it enacted, &c., That if any person 
shall wilfully, negligently or maliciously kindle a fire 
upon or within any of the forest reserves of this 
Commonwealth, cause a fire to burn thereon except 
in accord with such rules as may be prescribed by the 
Department of Forestry; or shall wilfully, negligently 
or maliciously set fire upon adjacent lands, which 
fire shall be communicated to the State Forest Re- 
serves ; such person shall be guilty of a misdemeanor, 
and upon conviction thereof be subject to a fine not 
exceeding one thousand dollars for each offense, or im- 
prisonment not exceeding six months, either or both, 
at the discretion of the court, together with costs of 
suit. 

Section 2.* If any person, without the consent of 
the Commonwealth or any of her agents, shall wil- 
fully, negligently or maliciously cut bark from, or 
cut down, injure, destroy or remove a tree or trees 
on any forest reserve of this Commonwealth, or shall 
wilfully, negligently or maliciously do or cause to be 
done any other act to the damage of said reserve, or 
the trees growing therein, such person shall be guilty 
of a misdemeanor, and upon conviction thereof shall 
be subject to a fine not exceeding five hundred dollars 
for each offense, or imprisonment not exceeding three 
months, either or both, at the discretion of the court, 
with costs of suit. 

Section 3. If any person shall wilfully, negligently 
or maliciously violate any of the rules made for the 
government of the State Forest Reserves, or shall cut. 
tear down, deface, or otherwise mutilate, injure or 
destroy, any of the copies of the rules or other notices 



GAME, FISH, AND FORESTRY LAWS. 



303 



relatiug to forest administration, which may be posted 
therein by the Department of Forestry or any of its 
oflBcers or agents, such person shall be guilty of a 
misdemeanor, and upon conviction thereof shall be Penalty 
subject to a fine not exceeding one hundred dollars 
for each offense, or imprisonment not exceeding thirty 
days, either or both, at the discretion of the court, 
with costs of suit : Provided, That no conviction shall 
be had for any act committed in violation of this sec- 
tion unless it shall affirmately appear that copies of 
such rules or notices were prominently posted in, upon 
or about said Forest Reserves. 

Section 4. All fines collected for the violation of 
any of the provisions of this act shall be paid to the 
Commissioner of Forestry, who shall pay the same to 
the State Treasurer, for the use of the Commonwealth. 

Section 5. The term "person," as used in this act, 
shall include not only individuals, or natural persons, 
but, as well, artificial person, existing only in con- 
templation of law ; and shall be construed to mean 
partnerships, limited partnerships, joint stock com- 
panies, and corporations, and the officers, agents and 
employes of the same. 

Section 6. All acts or parts of acts inconsistent R^p^*' 
herewith are hereby repealed. 

Approved — The 5th day of May, A. D. 1911. 

•JOHN K. TENER. 



Disposition 
of fines. 



"Person" 
defined 



AN ACT 

Empowering the United States of America to acquire 
land in the State of Pennsylvania for National 
Forest Reserves, by purchase or by condemnation 
proceedings : and granting to the United States of 
America all rights necessary for control and regu- 
lation of such reserves. 

Section 1. Be it enacted, &c,, Thht the United 
States of America is hereby empowered to acquire by 
purchase, or by making adequate compensation under 
condemnation proceedings, such lands in Pennsyl- 
vania as in the opinion of the Federal Government 
may be needed for the establishment of National For- 
est Reserves in this State, in accordance with an act 
of Congress, entitled "An act to enable any State to 



1911, 
271. 



P. 1.. 



National 
Forest Ite 
serves. 



The United 
States em- 
powered to 
acquire land. 



304 



GAME, FISH, AND FORESTRY LAWS. 



I'loviso. 

Approval. 

Proviso. 



Resumption 
of control 
the State. 



Coucurreiit 
jiirisflirtion. 



TTnited 
Stato.s; 



laws. 



Proviso. 



cooperate with any other State or States, or with the 
United States, for the protection of the watersheds of 
navigable streams, and to appoint a commission for 
the acquisition of lands for the purpose of conserving 
the navigability of nagivible rivers," approved the first 
day of March, one thousand nine hundred and eleven : 
Provided, That the approval of the State Forestry 
Reservation Commission and the Water Supply Com- 
mission shall be first had and obtained : Provided 
further. That if at any time in the future, after the 
(establishment by the Federal Government of such Na- 
tional Forest Reserves in the Commonwealth of Penn- 
sylvania, the Commonwealth shall desire to resume 
complete ownership and control over said lauds, it 
may do so by appropriate legislative action, providing 
therein for the repayment to the United States of 
America of all moneys which may have been spent in 
acquiring lands the ownership of which is to be re- 
sumed, and interest thereon at the rate of two per 
centum per annum : And provided further, That thf 
Commonwealth of Pennsylvania shall retain a con- 
current jurisdiction with the United States in and 
over such lands, so far that civil process, in all cases, 
and such criminal process as may issue under the 
authority of the Commonwealth of Pennsylvania 
against any person charged with the commission of 
any crime, without or within said jurisdiction, may 
be executed thereon in like manner as if this act had 
not been passed. 

Section 2. Tliat the said United States of America 
is hereby empowered to pass such laws as it may 
deem necessary to the acquisition of land in Pennsyl- 
vania, as hereinbefore provided, and for incorporatioti 
of such land into said National Forest Reserves, as in 
the opinion of the Federal Government may be needed 
for this purpose. 

Section 3. That the said United States of America 
is hereby empowered to pass such laws, and to make 
or provide for the making of such rules,_ of both a 
civil and criminal nature, and provide punishment for 
the violation thereof, as in its judgment may be nec- 
essary for the management, control, and protection of 
such lands acquired from time to time by the United 
States of America under the provisions of this act : 
Provided, however, That the authority hereby given 
shall be subject to all the conditions and stipulation.* 
and reservations contained in tliis net. 



GAME, FISH, AND FORESTRY LAWS. 



305 



Section 4. That this act shall not confer power to g. . p 
condemn land now held or hereafter to be acquired Reserves^^' 
by Pennsylvania as and for a State Forest Reserve. 

Section 5. Nothing in this act shall be construed Act con- 
to repeal or invalidate or in any way effect the pro- stiued. 
\isious of an act of Assembly, approved the twenty- 
second day of April, one thousand nine hundred and 
five, entitled "An act to preserve the purity of the 
waters of the State, for the protection of the public 
health," or the provisions of an act, approved the 
twenty-seventh day of April, one thousand nine hun- 
dred and five, entitled "An act creating a Department 
of Health, and defining its powers and duties," or the 
provisions of an act, approved the fourteenth day of 
May, Anno Domini one thousand nine hundred and 
nine, entitled "An act to safeguard human life and 
health throughout the Commonwealth by providing 
regulations for the control of certain communicable 
diseases and the prevention of infection therefrom, 
and prescribing penalties for the violation of said 
n^gulations." 

Approved— The 11th day of May, A. D. 1911. 

JOHN K. TENER. 



AN ACT 

[•""or the protection of shade trees and fruit-trees grow- 1911, p. i, 
iug on or along any highway, street, or road. 679. 

Section 1. Be it enacted, &c., That any person wlio 
• shall wilfully and maliciously club, stone, cut, break, ^^^^ 
climb upon, injure, or destroy any shade-tree or any wilful and 
fruit-tree, growing on or along any street, road, or malicious in 
f)ther highway, shall be guilty of a misdemeanor ; and J"^^- 
upon conviction thereof, before any alderman, magis- 
trate, or justice of the peace, shall be sentenced to pay 
a fine not exceeding ten dollars or to undergo an im- 
prisotmiont in the jail of the proper county not exceed- 
ing five days, or both, at the discretion of the alder- 
man, magistrate, or justice. 

Ai)proved — The 7th day of June, A. D. 1911. 



Penaltj. 



20 



JOHN K. TENER. 



806 



GAME, FISH, AND FORESTRY LAWS. 



19] 1, F. L. 
6«1. 



Trees and 
woodlands. 



InjnrT, de- 
struction or 
rcHioval of 
trees. 



^'eniltT 



Dnlawful 
purchaie. 
etc. 



PenaltT 



Double dam- 
agee. / 



AN ACT 

To protect trees and woodlands, ajid providing [)\\u 
ishment for the violation thereof. 

Section 1. Be it enacted, &c., That if any person 
shall wilfully, negligently, or maliciously set on fire, 
or cause to be set on fire, any woodlands, within this 
Commonwealth, or shall directly or indirectly, without 
the consent of the owner, cause fire to burn therein, 
or shall wilfully, negligently, or maliciously set fir«^ 
upon adjacent lands, which fire shall be communicated 
to woodlands ; such person shall be guilty of a mi.s- 
demeanor, and on conviction thereof be fined not ex- 
ceeding one thousand dollars for each offense, or im- 
prisonment not exceeding six months, either or both, 
at the discretion of the court, together with costs of 
suit. 

Section 2. If any person shall wilfully, negligently, 
or maliciously cut bark from, or cut down, injure, 
destroy, or remove a tree or trees growing or standing 
upon the land of another, without the consent of the 
owner ; or shall wilfully, negligently, or maliciously do 
or cause to be done any other act to the damage of 
said land or the trees growing thereon ; such person 
shall be guiltv of a misdemeanor, and on conviction 
thereof shall be fined not exceeding five hundred dol- 
lars for each offense, or imprisoned not exceeding thre^ 
months, either or both, at the discretion of the court, 
together with costs of suit. 

Section 3. If any person shall purchase or receive, 
a tree or trees, knowing the same to have been cut 
or removed without the consent of the owner thereof ; 
or shall purchase or receive any logs, planks, boards, 
staves, shingles, or other lumber, made from such 
trees so cut or removed, and knowing the same to have 
been so cut and made without such consent ; such per- 
son shall be guilty of a misdemeanor, and upon tlie 
conviction thereof shall be subject to the punishment 
provided in section two of this act. 

Section 4. If any person shall wilfully, negligently 
or maliciously cut down or fell, or employ any person 
to cut down or fell, a tree or trees growing upon the 
land of another, without the consent of the owner, 
such person shall be liable to pay to the owner double 



GAME, FISH, AND FORESTRY LAWS. 



807 



Retaking or 
property. 



the value of such trees so cut clown or felled, and in 
case of the removal from the land where grown, and 
the conversion thereof, treble the value, to be recovered Treble 
in an appropriate action, with costs of suit ; and no damages, 
prosecution under any other section of this act shall 
be a bar to the recovery of damages under this section ; 
and, in addition to the remedy for recovery of damages 
herein provided, the owner of such trees may follow 
the same and retake them from the possession of any 
person, and wheresoever they may be identified and 
found ; as well as, in the same manner, retake all 
material into which said trees may have been con- 
verted, wherever the same may be identified and 
found ; and without any liability on the part of said 
owner for the retaking of his own property and re- 
storing the same to his own possession. If the person 
in whose possession such trees or materials may be 
found shall refuse to surrender or deliver the same to 
the owner thereof, after due proof of ownership shall 
have been made, such person shall be equally guilty of 
misdemeanor, and upon conviction thereof subject to 
the punishment provided in section two of this act. 

Section 5. The term "person" as used in this act, 
shall include not only individuals or natural persons, 
but as well artificial persons, existing only in con- 
templation of law, and shall be construed to mean 
partnerships, limited partnerships, joint stock com- 
panies and corporations, and the oflicers, agents, and 
employes of the same. 

Section 6. The term "woodlands," in this act, is 
intended to include, and shall be construed to mean 
woods, farmers' woodlots, marshes, moores, brush, 
barrens, brush lands, and wild unseated uncultivated 
land. 

Section 7. All fines which shall be collected or 
paid uiider this act shall be remitted at once to the 
treasurer of the county wherein the same shall be 
collected or paid, to become a part of the general fund 
of the county. 

Section 8. All acts or parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

Approved— The 9th day of June, A. D. 1911. ^ 

JOHN K. TENER. 



Refusal. 



Penalty 

"Person' 
defined. 



"VVood- 

lands" 

defined. 



Fines. 



308 



GAME, FISH, AND FORESTRY LAWS. 



15)1 X, V. L. 
12. 



V'orest 
reserves. 

Lease of 
sites for 
temporary 
bnildiiiffs. 



Rents. 



AN ACT 

Authorizing; the Department of Forestry to lease por- 

for church, school, health, 



tions of the State Forest 
and recreation purposes. 

Section 1. Be it enacted, &c.. That the Depart 
ment of Forestry is hereby authorized to lease, for 
a period of not exceeding ten years, on such terms and 
conditions as it may consider reasonable, to any citi 
zen, church, organization, or school Doard of Penn 
sylvauia, such portion of the State Forest as the De- 
partment may deem suitable, as a site for a temporar\ 
building to be used by such citizen or family for 
health and recreation, or as a site for church or school 
purposes. 

Section 2. The receipts from such leasing shall be 
paid into the State Treasury. Eighty per centum 
thereof, so paid in. shall constitute a part of th< 
State school fund of Pennsylvania.* 

Approved— The 27th day of March, A. D. 1913. 

JOHN K. TENER. 



1913, 
426. 



P. L. 



Auxiliary 
forest ro- 
serres. 



Classiftca^ 
tions, etc. 



AN ACT 

To classify certain surface lands as auxiliary forest 
reserves ; to prescribe the terms and conditions for 
their continuance in said classification, or their 
withdraway therefrom ; and to provide for the ex 
penses attendant thereon. 

Section 1. Be it enacted, &c., That in order to en 
courage the growing of such trees, now existing or 
hereafter produced, as will at the proper age be suit 
able for merchantable forest products, whether such 
be of natural reproduction or from seed sown, or trees 
planted out, or all combined, all surface laud which 

♦By amendment to the School Code. Section 2701 and Sec- 
tion 2702,, approved June 4, 1915, infra page 3.36, all receipt* 
from State lands ure paid into the State School Fund of Penn 
sylvania. 



CiAMi:, FISH, AND FORESTRY LAWS. 



309 



(nay be set apart according to the provisions of this 
act, and exclusively used for growing such trees, is 
hereby constituted a separate and distinct class of 
land, to be known as auxiliary forest reserves. 

Section 2. When any owner of surface land de- 
sires to have such land placed in the class established 
by section one of this act, such owner shall notify the 
State Forestry Reservation Commission of his desire 
in manner and form to be prescribed by said commis- 
sion. Said notice shall contain a description of the 
land, its location, boundary, area, and character, and 
shall state as far as practicable the species, character, 
and condition of the trees growing thereon, and 
whether the3' are of natural reproduction or are from 
seed sown for the purpose, or have been set out on 
said land, or all combined, and such other informa- 
tion as the commission may require. If, upon receipt 
and consideration of this notice^ the commission shall, 
in its discretion, deem the conditions such as to war- 
rant action on its part to determine whether such 
land should rightfully be placed in the class estab- 
lished by section one of this act, it shall cause 
the same to be examined by some person learned in 
the practice Uhd principles of forestry, and a report 
made thereony^ and if, upon receipt and consideration 
of such report, it decides that such laud should be 
placed in the class established by section one of this 
act, it shall so declare and certify to the commis- 
sioners of the county in whicli said land is located. 

Section 3. Upon receipt by the county commission- 
ers of such certificate of the commission it shall be 
their duty at once to place said surface land in the 
class established by section one of this act, and keep 
the same therein until the trees growing thereon shall, 
in the judgment of the commission, become sufhciently 
large and suitable for merchantable forest products, 
or the land be devoted to other purposes : Provided, 
however, That the certificate of the commission shall 
not become operative to place said surface land in the 
class established by section one of this act until the 
owner of said surface land has agreed, in writing, 
with the commission to care for the trees growing 
thereton, according to the instructions and directions 
of the commission, up to such time as such trees be- 
come suitable for merchantable forest products ; and 
if any such owner at any time fails to care for the 



Notice of 
owner. 



Contents 



Examina- 
tion. 



Report. 



Duty of 
county com- 
missioners. 



Proviso. 



Agreement. 



310 



GAME, FISH, AND FORESTRY LAWS. 



Failure to 
care for 
trees. 

Removal 
from classifi- 
(^ation. 



Kf. (ivez-y of 



Owner to file 
bond. 



Cutting of 
timber. 



RemoTal and 
marketing. 

Replanting, 
etc. 



trees growing on said land as agreed with the com- 
mission, and due proof thereof is made, the commis 
sion may remove said surface land from the class es 
tablished by section one of this act. In case of sucb 
removal, cither through failure of the owner to care 
for the trees or on his expressed desire for removal 
before the trees shall nave been cut at maturity and 
tax paid thereon, the county commissioners shall, 
on notice from the commission, proceed to recover 
from said owner, for the use of the county and 
township, by an appropriate action at law if neces 
sary, the difference in the amount of tax which 
would have been paid by the said owner at the rates 
established for the years for which recovery is sought 
and the rate provided for auxiliary forest reserves, 
with costs of suit, to be recoverable from the time 
when such land was placed in the class of auxiliary 
forest reserves. And the commission shall remove 
said surface land from the class established by sec 
tion one of this act at any time that the then owner 
shall, in writing, notify the commission that he de 
sires such removal. The commission may, in its dis- 
cretion, at the time said surface land is placed in tht- 
class established by section one of this act, require 
the owner to file with the commission his or its bond, 
of such kind and amount as the commission shall 
deem reasonable and sufficient to secure the obliga 
tions of such owner under this act. 

Section 4. Whenever trees growing on said sur- 
face land have become suitable for merchantable 
forest products, the commission shall, at the request 
of the owner or on its own motion, make an examina 
tion of said land, and designate for the owner the 
kind and number of trees most suitable to be cut, if, 
in the judgment of the commission, there be any, and 
the cutting and removal of said trees so designated 
shall be in accordance with the instructions of the 
commission. 

Section 5. If the owner of said surface land faith- 
fully carries out the instructions of the commission 
with regard to the removal and marketing of such ma- 
ture or other trees, as may be designated in the in- 
structions of the said commission, and shall im- 
mediately replant other trees of valuable species, or 
so protect the young growth that the said land may 
immediately become covered with young forest growth, 
and does so with the approval of the commission, then 



GAME, FISH, AND FORESTRY LAWS. 311 

such surface land shall remaiu in the said class, es- 
tablished by section one of this act; otherwise, the 
commission shall notify the county commissioners 
that the said land is not being maintained in accord- 
ance with the written agreement of the owner and 
the instructions of the commission, in which event 
the county commissioners shall immediately remove 
said land from the class established by section one of 
this act. All expenses attendant upon the examina- ].,;ner,^.8 
tion of the said surface land by the commission shall 
be paid f'^r out of tlie moneys appropriated for the 
maintenance of the Department of Forestry, in like 
manner as other expenses for maintenance of said 
department are now paid. 

Section 6. The owner of the said auxiliary forest Right or 
reserves shall, at all times, have the right to remove owner, 
therefrom trees, or portions of trees, which may be 
killed by fire, thrown or broken by the wind, or in- 
jured by other natural causes ; and shall, under the 
direction of the commission, be privileged to make 
necessary thinnings or removal of undesirable species 
of trees, in order to improve the condition of the 
remaining trees ; and, under the same direction, may 
be privileged to remove therefrom such timber, from 
time to time, as may be necessary and essential for 
use upon the neighboring cleared lands of the said 
owner, for general farm purposes. 

Section 7. Any tract of land while remaining in 
the class of auxiliary forest reserves as above pro- 
vided, may, nevertheless, be sold or incumbered by saie or id 
or through the owner thereof, but no sale or in- cumbrtnc* 
cumbrance, whether voluntary by the owner or in- 
voluntary under any statutory or judicial proceeding 
whatsoever, whether of any State or of the United 
States, shall effect a discharge of any obligation 
imposed under this act, and said land shall be 
removed from said class only in accordance with the 
provisions hereof. 

Section 8. That all acts or parts of acts incon- Repeal, 
sistent herewith be and the same are hereby repealed. 

.Approved — The 5th day of June, A. D. 1913. 

JOHN K. TENER. 



312 



GAME, FISH, AND FORKSTKY LAW'S. 



AN ACT 



I91i. F. L. 
406 



To provide for the assessment and taxation of auxi- 
liary forest reserves, and the collection, distribu- 
tion and use of the taxes collected therefrom. 



Auxlllair 

forest 

reserTes. 



Aespssnient 
and taxation. 



Mlti'^rals. 



AseesiRTnent. 



Rf'turns. 



Rednctlon of 
a(*»es6ment. 



Timber about 
to be har- 

Tpsted. 

Bond. 



Section 1. Be it enacted, &c., That all surface 
land which may hereafter be classified and set apart 
as auxiliary forest reserves, in the manner provided 
by law, shall be rated in value, for the purpose 
of taxation, not in excess of one dollar ($1.00) p«'!- 
acre and shall continue to be so rated so long as tlu* 
said land remains within the class designated as 
auxiliary forest reserves: Provided, however. That 
if the said surface land be underlaid with coal, iron 
ore, oil, gas, or other valuable minerals, said min- 
erals may be separately assessed. The assessors in 
the several districts in which such lands arc situate 
shall assess such lands in the manner now or here- 
after provided for the assessment of real estate for 
purposes of taxation, as if they had not been set 
apart as auxiliary forest reserves, and shall makt^ 
their returns to the county commissioners in like 
manner as is now or hereafter may be provided by 
law, subject to exception, appeal, and final adjust- 
ment. 

Section 2. Upon receipt of assessment returns 
from the various assessors, the county commissioners 
shall reduce, in their records, to a sum not in excess 
of one dollar ($1.00) per acre, the assessment on all 
those lands which shall have been placed in the class 
known as auxiliary forest reserves, in accordance 
with certificates filed with them by the State For- 
estry Reservation Commission, and the original as- 
sessment returns made by said assessdrs shall be pre- 
served. 

Section 3. Whenever timber, on land which is in- 
cluded in the class of land known as auxiliary forest 
reserves, is about to be harvested, the then owner 
of the timber on said land shall give a bond to the 
county treasurer in twenty per centum of the amount 
of the estimated value of the timber to be harvested, 
and to be approved by the court of the county, con- 



GAME, FISH, AND FORESTRY LA\^•S. 



313 



(Jitioned to pay to the county treasurer, withiu 
ninety days after harvesting, ten per centum of the 
value of the trees immediately at and before the time 
of harvesting ; which amount shall be ascertained by 
statement and return, under oath or affirmation, fur- 
nished in triplicate, one to the county commission- 
ers, one to the county treasurer, and one to the com- 
mission, immediately after harvesting, by the then 
owner of the land, setting forth said value ; which 
sum thus paid shall be divided and distributed by 
the county treasurer of each county — to the county, 
;ind the poor district, the road district, and the 
school district of the township in which the auxiliary 
reserve is situate, pro rata, based upon the last as- 
sessed millage of taxation for county, poor, road, and 
school purposes within said taxing district. 

Such sum of money when ascertained to be due as 
a tax by the filing of the foregoing statement and re- 
turn, under oath, and, as hereinbefore provided, di- 
rected to be paid to the county treasurer by the 
owner of an auxiliary forest reserve, shall, from 
the time for such filing, be and remain a lien upon 
the land of such owner until payment shall have 
been made : And be it further provided. That all 
moneys received by the boards of supervisors shall be 
appropriated exclusively to the opening, maintenance, 
and repair of the public roads now or hereafter pass- 
ing through or into said auxiliary forest reserves, 
or upon which said reserves now or hereafter may 
abut ; and, in the event that no public highways 
pass through or into said reserves, or none of said 
reserves abut on such highways, then said moneys 
shall be used for general township road purposes. 

Section 4. Should the county commissioners be 
<Iissatisfied with the return made, as hereinbefore pro- 
vided in section three hereof, the court of common- 
pleas of the proper county, on petition of the com- 
missioners, shall appoint a board of three appraisers, 
who shall go upon the land in question, estimate the 
(luantity and value of the trees immediately at and 
before the time of harvesting, and make a return 
thereof to the court, which said return shall then 
be made the basis upon which each owner shall 
make payment to the respective county treasurers, 
unless changed upon appeal. The said appraisers 
shall be duly sworn or affirmed before entering upon 
their work, and either party, if dissatisfied with the 



Payment to 
county » 
treasurer. 



Distribution, 
of fund. 



Lien. 
Proviso. 



Super- 
Tisors. 



Appropria- 
tion of fund 



If the return 
is not sa tig- 
factory. 

Petition. 

Appralserg 



Return. 



Oath. 



314 

Appeals. 



Expenses 
and com- 
pensation. 



Eemoral of 
lands from 
classifica- 
tion prior to 
maturity of 
timber. 

Notice. 



Aicertaln- 
ment of tai 
doe. 



Tertincate. 



Lien. 

RemoTal 
from class 
after ma- 
taritj. etc. 



When act 
shall take 
effect. 



GAME, PISH, AND FORESTRY LAWS. 

report of the appraisers, shall have right of appeal 
to the court of common pleas of the county, within 
ten days after such report shall be filed and notice 
thereof given the owner. The said appraisers shall 
be allowed their expenses and a compensation to hf 
fixed by the court, both to be paid by the county com- 
missioners. 

Section 5. In case of the removal of said lands 
from the class known as auxiliary forest reserves, 
prior to the maturity of the timber, and without 
payment of the tax of ten per centum of the value 
thereof, as provided in section three of this act, the 
county commissioners shall, on notice from the com- 
mission, ascertain the amount of the taxes which 
would have been paid by the said owner on the 
original assessment, before the reduction provided 
for in section two of this act, adding legal interest 
from the date when each tax payment would have 
become delinquent. The said commissioners shall 
likewise ascertain the amount of taxes which havt- 
actually been paid upon the land in question, adding 
legal interest upon all such payments from the date 
when paid, and certify the result thereof to the 
county treasurer, who shall then proceed in the 
manner provided for the collection of county taxes 
under general laws, to recover from such owner the 
difiPerence between the two amounts, with costs. Such 
difference, so ascertained to be due as tax as afore- 
said, shall be and remain in lien upon the land of 
such owner until payment shall have been made. 

If such land shall be removed from said class 
after the due cutting of a matured crop and the pay- 
ment of tax thereon, the owner shall, in that case, 
not be liable for such past assessment ; but the lan(l 
shall thereafter be liable to assessment and tax as all 
other land not classed as auxiliary forest reserves. 

Section 6. This act shall take effect only beginning 
with assessments made for the purpose of levying 
taxes for the fiscal year one thousand nine hundred 
and fourteen. 

Approved — The 5th day of June, A. D. 1913. 

JOHN K. TENER. 



GAME, FISH, AND FORESTRY LAWS. 



815 



AN ACT 

i'roviding a fixed charge on land classified as auxi- 
liary forest reserves ; and the distribution of the 
fund thus set aside for school and road purposes. 

Whereas, By existing law the State forest reserves 
are subject to an annual charge of two cents per 
acre for the benefit of schools, and two cents per 
acre for the benefit of roads, in the respective dis- 
tricts in which said reserves are located ; and 

Whereas, It would be a hardship to withhold from 
school and road districts the t^xes which would 
otherwise be collected from land classified as aux- 
iliary forest reserves ; therefore, — 

Section 1. Be it enacted, &c.. That all lands 
which shall hereafter be classified as auxiliary forest 
reserves shall be subject to an annual charge of two 
cents per acre for the benefit of the schools, and 
two cents per acre for the benefit of the roads, in 
the respective districts in which said reserves are 
located. Said charge is hereby made payable by the 
State. 

Section 2. The State Forestry Reservation Com- 
mission shall certify to the respective school dis- 
tricts and road districts, throughout the Common- 
wealth, in which auxiliary forest reserves are located, 
the number of acres thus set apart and classified in 
each district, and the charge against the same ; and 
shall, furthermore, certify to the State Treasurer 
the number of acres as aforesaid, and the charge 
against the same, in favor of the respective school 
and road districts. The State Treasurer shall, upon 
the approval of the proper warrants of the commis- 
sion, pay to the several school districts and road dis- 
tricts the amount due the same from the Common- 
wealth, as derived under this act. 

Approved— The 5th day of June, A. D. 1913. 

JOHN K. TENER. 



1913, P. L. 
408. 



Preamble. 



Auxiliary 
forest 
reserves. 
Annual 
charge on 
for school 
and road 
purposes. 
Payable by 
the State. 

Certificate 
acerage, etc. 



Paymenir 



316 



GAME, FISH. AND FORESTRY LAWS. 



A SUPPLEMENT 



1913, P. L. 

S64. 



To an act, entitled "An act to establish a Depart- 
ment of Forestry, to provide for its proper admin- 
istration, to regulate the acquisition of land for 
the Commonwealth, and to provide for the control, 
protection, and maintenance of forest reserves by 
the Department of Forestry," approved the twenty- 
fifth day of February, Anno Domini one thousand 
nine hundred and one (Pamphlet Laws, page 
eleven), authorizing the Department of Forestry 
to designate certain of the foresters within its em- 
ploy to act as District Foresters, in the perform- 
ance of general forest work other than within the 
State Forests. 



Preamble. 



Department 
"f Forestry. 



District 
I-'oresters. 



Whereas, In accordance with section three of an 
act, entitled "An act to establish a Department of 
Forestry, to provide for its proper administration, to 
regulate the acquisition of land for the Common- 
wealth, and to provide for the control, protection, 
and maintenance of forest reserves by the Depart- 
ment of Forestry," it is provided that it shall be the 
duty of the Commissioner of Forestry, among other 
things, "to encourage and promote the developinent 
of Forestry, to obtain and publish information re- 
specting the extent and condition of forest lands in 
the State, and to execute all rules and regulations 
adopted by the Forestry Reservation Commission 
for the enforcement of all laws designated for the 
protection of forests from fire and depredation" and 

Whereas, It is desirable and expedient that that 
phase of forestry known as formers' woodlot and pri- 
vate forestry be given greater consideration and as- 
sistance than it has. heretofore received; therefore, — 

Section 1. Be it enacted, &c.. That the Depart- 
ment of Forestry be authorized to designate, wher 
ever the demands of forestry warrant, certain of th<> 
foresters in the State Forest Service to be known as 
District Foresters, and that the districts to which 
they may be assigned shall be coterminus with one or 
more of the counties throughout the Commonwealth 



GAME, FISH, AND FORESTRY LAWS. 



317 



Section 2. It shall be the duty of the District 
Forester, under the direction of the department, to 
promote within his district the development of for- 
estry by conducting such educational efforts as may 
be necessary to bring to the attention of the people 
the uses and purposes of practical forestry, to render 
assistance to forest and woodlot owners, to conduct 
experiments in forestry, to collect data concerning 
forests and woodlots within his district, to inspect 
and report to the department upon the work of the 
fire-wardens, to advise with land owners upon the 
planting and protection of shade-trees, to assist in 
Arbor Day work, and to promote and advance any 
other activity in local forestry which may be desig- 
nated by the Department of Forestry. The Disrict 
Forester shall be supplied by the Department with 
suitable office facilities and supplies to enable him 
to carry on his work. 

Approved—The 21st day of July, A. D. 1913. 

.JOHN K. TENER. 



Duties il 

District 

Foresters. 



Offices and 
supplies. 



AN ACT 



Directing the county commissioners of the several 
counties to offer for sale to the Department of For- 
estry tracts of land which they may have pur- 
chased at county treasurers' sales, for acceptance 
or refusal for forestry purposes, and to convey to 
the Commonwealth of Pennsylvania the tracts so 
offered to be sold, if accepted by the department. 

Section 1. Be it enacted, &c.. That when county 
commissioners shall have received from the county 
treasurer a conveyance of lands which shall have 
been advertised and sold for unpaid taxes, in ac- 
cordance with the several acts of Assembly relating 
to^ the sale and conveyance of lands for taxes, the 
said commissioners are hereby directed, after the 
period of redemption of said lands shall have ex- 
pired, to offer said lands to the Department of For- 
estry, for acceptance or rejection by said department, 
for forestry purposes, when required so to do by 
the Department of Forestry. The county commis- 



1915, r J, 

140. 



County-Coin - 
mission.^ts. 



Sale of lands 
to Depart- 
ment of 
Forestry. 
Forest 
reserves. 
Description. 



818 



GAME, FISH. AND FORESTRY LAWS. 



Draft. 



(yOSt of 

draft. 



Examina- 
tion and 
raluation. 



Title 



RemoTal of 

objections, 

etc. 



sioners, in making such offer, shall describe the land 
by giving the name of its former owner, its location, 
warantee name or number, and its adjoiners. They 
shall state the number of acres and perches in each 
tract so offered, and the amount of taxes, interest, 
and costs due thereon, which shall have been levied 
and become a lien and accrued to the time of mak- 
ing the offer. Every such offer shall be accom- 
panied by a draft of the land, when required by the 
department, to be prepared by the county surveyor. 
The cost of the preparation of such draft shall 
be paid by the county commissioners, and in no 
case shall exceed the ordinary and usual amount paid 
for the making of similar drafts in the course of 
county business. The cost of the draft may be 
added by the commissioners to the amount of costs 
accrued against the land which they shall offer the 
Department of Forestry. Where adjoining tracts 
are so offered, they shall be included within one 
draft, and the cost of the draft shall be ratably ap- 
portioned among the several tracts in accordance 
with the area thereof. 

Section 2. That upon receiving any such offer 
from the county commissioners, which offer shall be 
made upon blank forms to be jjrepared by the De- 
partment of Forestry and supplied to the commis- 
sioners, the department shall make an examination 
and valuation of the land so offered, to determine 
whether it is suitable for forestry purposes. If 
found not suitable for forestry purposes, the depart- 
ment shall so notify the commissioners. If found 
to be suitable for that purpose, it shall likewise 
notify the commissioners of its suitability, make a 
conditional acceptance, and proceed to examine the 
title. ^ If such examination shall disclose that the 
title is marketable, and of such character as can be 
safely accepted, the department shall prepare a deed 
to be exeecutod by the commissioners, conveying such 
land to the Commonwealth of Pennsylvania. The 
consideration shall include all taxes levied, interest, 
and costs due to date of conveyance ; but shall, in 
no case, exceed the limit of purchase price now or 
hereafter fixed by law for the purchase of land by 
the Department of Forestry for forestry purposes. 

Section 3. That if the title examination shall dis- 
close incumbrances upon the land, or other objec- 
tions, which, in tlie judgment of the Department of 



GAME, FISH, AND FORESTRY LAWS. 



319 



Forestry, will render the title unmarketable or un- 
desirable for the State to own, the county commis- 
sioners shall then proceed to remove such objections 
to title, and cure such defects, so far as it may be 
possible to do so, or may be required by the practice 
of the Department of Forestry, in the purchase of 
lands. The purchase of said land shall not be fur- 
ther proceeded with until the title shall be rendered 
acceptable to the Department of Forestry. In case 
the county Commissioners neglect or refuse to remove 
objections to title when required by the Department, 
the Department may, after a reasonable time, not 
exceeding six months, notify the commissioners that 
it refuses to consider the further purchase of the 
land so offered. The time for removal of objections 
may be extended by the department for cause shown. 
Section 4. That all laws or parts of laws in con- 
flict herewith are hereby repealed. 

Approved— The 21st day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



Repeal 



AN ACT 



Authorizing the Department of Forestry to grow ^^^^ p . 
and distribute young forest-trees, and restricting 155 ' 
their use after distribution. 



Section 1. Be it enacted, &c.. That the Depart 
ment of Forestry is hereby authorized to grow young 
forest-trees, and to distribute them to those desiring 
to plant them, in siiph quantity and under such 
regulations as may be prescribed by the department, 
when the available stock in the forest nurseries shall 
be in excess of that required by the department for 
forest planting. No charge shall be made for the 
trees so distributed, but the cost of boxing and ship- 
ping shall be paid by the applicant. The applicant 
must enter into an agreement with the department 
to plant the young trees under such conditions or 
regulations as may be made by the department, and 
to protect and care for them when planted. The de- 
partment may render such assistance and instruction 
in the planting of the trees as it may deem necessary 
to secure their proper planting. 



Foreetrj 

Forest 
trees. 



Distribn- 
tion. 

Agreement. 



320 



GAME, PISH, AND FORESTRY LA\VS. 



May not be 

(inld. 



R«>peal 



Section 2. That all such young forest-trees, which 
shall be distributed as aforesaid, shall not bo sub- 
ject to sale in the hands of the applicant, but shall 
be properly planted, in accordance with the agree- 
ment entered into with the department. 

Section 3. That all acts and parts of acts incon- 
sistent with or supplied by this act are repealed. 

Approved— The 21st day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



L915, P. L. 
156, as 
amended by 
the act of 
May 29th, 
1917. P. L. 
309. 



AN ACT 

Extending the powers and duties of foresters, forest 
rangers, game protectors, deputy game protectors, 
special deputy game protectors, fish-wardens, aud 
deputy fish-wardens of this Commonwealth. 

(For text of this act see page 46.) 



1915, 
481. 



P. L. 



Department 
i)f Forestry. 
Limit of pur- 
chase price 
of lands for 
forest re- 
serves. 

Repeal. 



AN ACT 

To enlarge the limit of purchase price to be paid 
by the Department of Forestry for lands to be pur- 
cliased and used for State forest purposes. 

Section 1. Be it enacted, «S:c., That the limit of 
purchase price to be paid by the Department of For- 
estry for land hereafter to be purchased by it, and 
used for State forest purposes, shall not exceed the 
sum of ten dollars per acre. 

Section 2. That all acts or parts of acts in con- 
flict herewith are repealed. 

Approved— The 14th day of May, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



GAME, FISH, AND FORESTRY LAWS. 



321 



AN ACT 



To ostablisli a Bureau of Forest Protection within 
the Department of Forestry ; designating the of- 
ticers who shall constitute the Bureau, their duties 
and salaries ; prescribing penalties for the viola- 
tion thereof; and repealing all laws, general 
special, or local, or any parts thereof, that may be 
inconsistent with or supplied by this act. 

Section 1. Be it enacted, &c., That a Bureau of 
Forest' Protection is hereby established within the 
Department of Forestry. The persons appointed 
rhei-eto or assigned to duty therein shall be subject to 
the authority and under the control of the Commis- 
sioner of Forestry. 

ARTICLE I. 

Chief Forest Fire-Warden. 

Section 101. Appointment. — -Immediately after 
tliis act becomes effective, and thereafter whenever 
a vacancy occurs, the Commissioner of Forestry 
shall appoint a forester in the employ of the depart- 
ment to be the chief forest fire-warden. 

Section 102. Duties :■ — 

(a) It shall be the duty of the chief forest fire- 
warden to take such measures for the prevention, 
control, and extinction of forest fires as will assure 
a reasonable protection from fire to woodlots, forests, 
and wild lands within the State. 

(b) The chief forest fire-warden shall institute 
the system of forest fire-wardens, as hereby created, 
aiid shall have authority to supervise and manage the 
same. 

(c) He shall reorganize the former system of fire- 
wardens, and as rapidly as possible make it conform 
to the provisions of this act. 

(d) As soon as convenient after this act becomes 
effective, the chief forest fire-warden shall divide the 
State into forest fire districts, for the organization of 
an effective forest fire-warden system. 

21 



1015, 
797. 



P. J.. 



Depart uuuil 
of Forestry. 

Bureau uf 
Forest Pro- 
tection. 



322 GAMEJ, fish, AND FORESTRY LAWS. 

(e) At the end of each calendar year he shall 
render to the Commissioner of Forestry a report for 
the year, covering all phases of the work under his 
direction, which report, together with a list of the 
fire-wardens, shall be published annually as a bulle- 
tin of the Department of Forestry. 

(f) He shall collect, with the assistance of the 
force and means at his command, data relating to 
location, area, and fire hazard of woodlots, forests, 
and wild lands within the State ; data relating to 
forest fires, and losses resulting therefrom ; and such 
other data as he may deem to come within the pur- 
view of his duties, and as he may desire to present 
to the commissioner or to the public. ' ; > 

(g) He shall tabulate and draft data in such 
manner that the information may be easily and 
readily appreciated. Maps, drafts, and tables shall 
be published, in the discretion and under the direc- 
tion of the Commissioner of Forestry, as a part of 
the annual report of the chief forest fire-warden or 
as separate bulletins of the department. 

(h) He shall plan and put into effect as rapidly 
as convenient a system of fire-towers and observation 
stations, which shall cover the regions subject to 
forest fires, purchase the necessary material and 
equipment, and hire the necessary labor for the instal- 
lation of the system. 

(i) When, in his discretion, the purposes of this 
act may be accomplished better by the appointment 
of certain forest fire-wardens as watchmen or patrol- 
men during dry seasons, and within regions subject 
to great fire risk, he shall make such appointments ; 
provided that no person shall be appointed watchman 
or patrolman without first having been appointed a 
forest fire-warden, and that wardens who have proved 
to be efficient shall be given preference. 

(j) He may enter into agreements, with the con- 
sent of the Commissioner of Forestry, with persoire, 
firms, corporations, or associations, upon satisfactory 
terms, for the successful accomplishment of forest fire 
prevention or control. 

(k) He shall conduct such educational work in 
lolation to forest fires as may be approved by the 
Commissioner of Forestry. 



GAME, FISH, AND FORESTRY LAWS. 323 

(1) He shall audit all bills incurred under this 
act. He shall approve those which are correct and 
should be paid and present them to the Commissioner 
of Forestry, who shall transmit them to the Auditor 
General, 

(m) Upon receipt of checks from the State Treas- 
urer, he shall send them to the persons entitled 
thereto. 

(n) He shall have authority to declare a public 
nuisance any property which, by reason of its con- 
dition or operation, is a special forest fire hazard, 
and, as such, endangers other property or human 
life. , 

(o) He shall notify the owner of the property, or 
the person responsible for the condition declared a 
public nuisance, and advise him as to the abatement 
or removal of such nuisance. In the case of a rail- 
road, such notice shall be served upon the superin- 
tendent of the division upon which the nuisance 
exists. 

(p) He shall collect and arrange information ob- 
tained concerning violation of laws relating to the 
protection of forests from fire, and present the same 
to the Commissioner of Forestry, who shall file it 
with the Attorney General for legal action. 

Section 103. Compensation. — The chief forest 
fire-warden shall be paid a salary not to exceed two 
thousand five hundred ($2,500) dollars per annum, 
and necessary expenses incurred in the performance 
of his duties. 



ARTICLE II. 

Clerical Assistants. 

Section 201. As soon as convenient after this act 
becomes effective, the Commissioner of Forestry shall 
assign to the Bureau of Forest Protection a forester 
in the employ of the department, to act as a clerk to 
the chief forest fire-warden ; aia<l, from time to time, 
may assign such other clericgi assistants to the bu- 
reau as maj7 be oaecessarv. 



324 GAME, FISH, AND FORESTRY LAWS. 

ARTICLK Tir. 

Distiict Fire W'aidon. 

Section 301. Apixtintmciit. — As rapidly as fire dis- 
tricts may be detcrminod upon by the chief forest 
fire-warden, and thereafter wlieiiever vacancies occur, 
the Commissioner of Forestry shall appoint foresters 
in the employ of the department, to be known as 
district fire-wardens. 

Section 302. Duties:— 

(a) The district fire-warden shall establish head- 
quarters at some advantageous place within his dis- 
trict ; shall act as the field representative of the chief 
forest fire-warden, and be under his direction. 

(b) He shall be responsible for the collection of 
data, within his district, necessary for accomplish- 
ing properly the purposes of this act. 

(c) He shall make recommendations to the Chief 
forest fire-warden for the appointment of local fire- 
wardens, the location of fire-towers, the employment 
of patrolmen, and the region to be patrolled, and re- 
garding such other matters as may come to liis at- 
tention which would tend to improve the protective 
system. 

(d) He shall arrange for annual meetings of 1j«"- 
wardens within his district, f(>r instruction in forest 
fire matters. 

(e) He shall report to the chief forest fire-warden 
situations and conditions existing within his district 
which are or may become forest fire hazards. He 
shall serve notices for the correction or removal of 
such conditions, when issued by the chief forest fire- 
warden. 

(f) He shall receive, audit, and approve the re- 
ports and accounts of tlio local fire-wardens before 
submitting them to the chief forest fire-warden. 

(g) He shall act as un inspector of the work of 
local fire-wardens, and render assistance to them. 

(h) He shall conduct educational work, and de- 
velop co-operation between local agencies and the 
Department of Forestry for the prevention and sup- 
pression of forest fires. 

(i) He shall perform such other duties as may be 
assigned to him by the ComniiHsioTier of Forestry or 
the cliief foregt firo-wnrdon. 



GAME, FISH, AND FORESTRY LAWS. 325 

Section 303. Compensation.— The district fire- 
warden shall be paid a salary not to exceed one thoy- 
ramiei^ht hmu\L\ (.$1,800) dollars per annum, and 
all necessary cxi»>nses incurr.Ml m the performance 
of his duties. 

ARTICLE IV. 

Local Forest Fire-Wardens. 

Section 401. Qualifications.— A person appointed 
a local fire-warden shall be chosen expressly by rea- 
son of his physical fitness, sobriety, honesty, and 
ability to perform the duties herein required, and 
must have the recommendation of the district fire- 
warden for the forest fire district m which he is 
located. Where no district fire-warden has been ap- 
pointed, the chief forest fire-warden shall first satisfy 
himself as to the above qualifications before making 

an appointment. -^ i ^ ^ ^ 

Section 402. Appointment.— Local fire-wardens 
shall be appointed by the chief forest fire-warden m 
such localities as he may deem necessary. 

Section 403. Certificates of Appointment.— Every 
person appointed a forest fire-warden under this act 
shall be given a certificate of appointment, issued by 
th(^ chief forest fire-warden, and may be furnished 
with an appropriate badge, in the discretion of the 
chief forest fire-warden. 

Section 404. Duties :— _ 

(a) Whenever fire is discovered m or approaching 
woodlots. forests, or wild lands, whether the same 
be owned by individuals, corporations, or by the Com- 
monwealth, it shall be the duty of a forest fire- 
warden immediately to take such measures as are 
necessary to extinguish the fire. 

(b) Whenever fires have been combated or ex- 
tinguished as provided for in this act, the forest fire- 
warden shall prepare a correct statement of expenses, 
upon forms to be furnished by the department ; which 
statement must be verified by oath or affirmation, and 
must be filed with the district warden, and by him 
forwarded to the chief forest fire-warden within sixty 
doys of the date of firo. 



326 GAME, FISH, AND FORESTRY LAWS. 

(c) He shall promptly investigate the cause of 
each fire which comes to his knowledge, collect such 
e\ddence as may be discovered relating thereto, and 
such other facts as he may be directed, and report! 
the same to the chief forest fire-warden. 

(d) Upon receipt of a check from the State 
Treasurer, he shall at once pay by check the amounts 
due to such persons as are entitled to receive pay 
from him. 

(e) He shall attend an annual meeting of fire- 
wardens in his district when notified, or present a 
reasonable excuse. 

(f) When designated as a patrolman or watch- 
man, he shall perform such duties as may be assigned 
him by the chief forest fire-warden or by the district 
fire-warden. 

Section 405. Compensation. — Each local fire-war- 
den shall be paid at the rate of thirty cents per hour 
for the time actually employed in the performance 
of his duties. He shall also be paid for the neces- 
sary expenses incurred in the performance of his du- 
ties. In addition, he shall be paid annually the sum 
of ten dollars provided that the Commissioner of 
Forestery may withhold this annual sum for just 
and reasonable cause. 

A local forest fire-warden shall not be paid from 
the forest fire fund, for services in any one month, an 
amount in excess of fifty dollars. 

ARTICLE V. 

Special and Ex-Officio Forest Fire-Wardens. 

Section 501. The chief forest fire-warden may ap- 
point persons who will serve without compensation 
as special or as ex-oflacio forest fire-wardens. They 
shall have the same power and authority as local 
forest fire-wardens, but their duties may be changed 
or extended by the chief forest fire-wardens. 

Section 502. Foresters with rangers in the employ 
of the Department of Forestry shall be forest fire- 
wardens ex-ofiicio. 

Section 503. Special and ex ofl5cio forest fire-war- 
dens shall receive no compensation under this act, 
other than the necessary expenses incurred by them 
m tlin pf^rformnnf^n of fhciir dntins nig firo wBrdmnB 



(;AME, FJSIL and forestry laws. 327 

ARTICLE VI. 

General Powers. 

Section 601. A fire-warden shall have authority 
to employ such other persons as, in his judgment, 
may be necessary to render assistance m extinguish- 
ing fire; and, whenever it shall not otherwise be pos- 
sible for him to secure a sufficient number of persons 
?, assist in extinguishing fire, he is hereby authorized 
to compel the attendance of persons and to requi e 
them to render assistance in the extinguishing of fire, 
under penalties prescribed m this act. 

Section 602. A fire-warden shall have authority to 
administer an oath or afiirmation in order to ex- 
amii o any person who he believes knows facts relat- 
iS to any fire, or who claims compensation for 

^"^'secdon^eol.^^ Every official provided'for by this act 
shall have authority to enter upon any land at any 
time fo^the purpose of performing duties in accord- 

''"Sect\on''604. A fire-warden shall have power to 
nriest on view, without first procuring a warrant, 
any peison detected by him in the act of committing 
m offense against any of the laws now enacted or 

ereafter to be enacted for the protection of forests 
woodlots timber, or wild lands, or when he shall have 

leasonable suspicion that any person is committing 
or is about to commit some such offense. The war- 
den shall have further power to take the offender 
Sore a justice of the peace, or other magistrate 
having jurisdiction, for hearing, trial, or other due 

?ocess of law. The further conduct of ^ny such 
case shall te entrusted to, and be undertaken by, the 

^'Secdon 605?' A fire-warden shall notJ)e personaUy 
liable for any act required or P^rm "ed tx^ be done 
under the provisions of this law, while acting withm 
the scope of his duties as a fire-warden. 



328 GAME, FISH, AND FORESTRY LAWS. 

ARTICLE VII. 
Private Persons. 

Section 701. Fire-Fighters. — Persons who extinj:- 
uish forest fires, except as otherwise provided, shall 
be paid at a rate per liour to be determined for each 
fire district by the chief forest fire-warden, with th(i 
approval of the Comniissioner of Forostrj', and based 
ijjion the rates of wages received for day labor within 
the respective fire districts ; provided the rate does 
not exceed twenty-five cents per hour. 

Section 702. Appeal to the Commissioner of For- 
erty. — If any person shall feel aggrieved by the act 
of any fire-warden, such person may appeal to the 
Commissioner of Forestry, who will examine into the 
complaint. After hearing the parties he shall decide 
as to him shall seem just and right. 

Section 703.* Land Owners. — Nothing in this act 
shall be so construed as to relieve the owner or lessee 
of lands, upon which fires may burn or be started, 
from the duty of extinguishing such fire so far as may 
lie within his power. 

No owner or lessee of land upon which fire may burn 
or be started, nor any person during employment 
with such owner or lessee, nor any other person with 
a present vested interest in such land, shall receive 
compensation under this act for extinguishing fire 
upon his land or the land to which his interest is at- 
tached. 

No person who is responsible for the spreading of a 
fire to a wodlot, forest, or wild land, nor any person 
in his employ, may receive compensation from a fire- 
warden for helping to extinguish such fire. 

ARTICLE VIII. ^ 

Railroads. 

Section 801. All steam and electric railroad com- 
panies owning or operating lines of railroad within 
the State shall put into effect such reasonable regu- 
lations for the prevention of forest fire as may be 
deemed necessary by the chief forest fire-warden, pro- 
viding the regulations be a improved by the Public Ser- 
vice Commission. 



GAME, FISH, AND FORESTRY LAWS. 329 

ARTICLE IX. 

Expenses. 

Section 901. Expenses incurred under this act shall 
be paid from the general forest protection appropria- 
tion. 

Section 902. No bills of expenses relating to the 
protection of forests from iire incurred under this act, 
shall be honoied by the cliief forest fire-warden unless 
presented to him within sixty days after the expense 
has been incurred. 

Section 903. The Auditor General shall satisfy 
himself as to the correctness of all bills transmitted 
to him by the Commissioner of Forestry for expense 
incurred under this act, and shall then draw his war- 
rants against the eeneral forest protection appropria- 
tion in favor of the persons and for the amounts shown 
by the approved bills. 

ARTICLE X. 

Penalties. 

Section 1001. Penalty for Neglect of Duty. — If a 
fire-warden shall fail to perform his duty, or shall 
render a false or fraudulent statement of service al- 
leged to have been performed, or shall fail to pay 
promptly the respective amounts due those who have 
rendered service, after said amounts have been trans- 
mitted to him, he shall be guilty of a misdemeanor, 
and upon conviction thereof shall be fined a sum not 
exceding one hundred dollars, or undergo imprison- 
ment not exceeding three months, or both, in the dis- 
cretion of the court. 

Section 1002. Penalty for Refusing to Aid a Fire- 
warden. — If any fire-warden, being in need of assist- 
ance in the supervision of fire, shall call upon any 
person to render assistance, and such person shall 
refuse without a just and fair excuse he is hereby 
declared to be guilty of a misdemeanor, and upon con- 
viction thereof shall be sentenced to pay a fine not 
exceeding one hundred dollars, or undergo imprison- 
ment not exceding om- month, or both, in the discre- 
tion of the court. 



380 GAME, FiSH, AND FORESTRY LAWS. 

• 

Section 1003. Penalty for Hindering an Officer in 
bis Duties. — A person who shall prevent or obstruct, 
or attempt to prevent or obstruct, a fire warden in the 
performance of a duty required by this act, or the ex- 
ercise of the rights of entry, access, or examination 
by any warden or officer of this bureau, shall be guilty 
of a misdemeanor, and upon conviction thereof shall 
be sentenced to pay a fine not exceeding one hundred 
dollars, or undergo imprisonment not exceeding one 
month, or both, in the discretion of the court. 

Section 1004. Penalty for Non-Abatement or Re- 
moval of Nuisance. — Every person or corporation re- 
fusing to comi)ly with an order of the chief forest fire- 
warden for the abatement of a nuisance, under this 
act, shall be guilty of a misdemeanor, and upon con- 
viction thereof shall be sentenced to pay a fine of not 
more than one hundred dollars, or undergo imprisont- 
ment not exceeding one month, or both, in the discre- 
tion of the court. In construing or enforcing the pro- 
visions respecting the abatement of nuisances, under 
this act, the neglect or refusal of any officer, agent, or 
other person acting for or employed by a corporation, 
and having within the scope of his employment the 
supervision of the property complained about, shall in 
every case be deemed to be the neglect or refusal of 
the corporation itself. 

Every day's continuance in the non-abatement of a 
nuisance, after an order by the chief forest fire-warden 
to abate the same, shall be a separate and distinct 
offense. 

If a preliminary injunction be granted or any inter- 
locutory order of supersedaes intervene, no penalty 
shall be incurred on account of non-abatement of such 
nuisance for the period of time such injunction or 
supersedaes is in force. 

Section 1005. Penalty for Causing Forest Fire. — 
Whenever a fire set by any person destroys property 
belonging to another, it shall be prima facie evidence 
that the loss occasioned is the result of negligence, 
and that the person responsible therefor is guilty of a 
misdemeanor. Upon conviction he shall be. fined not 
exceeding one thousand dollars for each offense, cm- 
undergo imprisonment not exceeding six months, oi' 
both, in the discretion of the court. This section 
shall not apply to the setting of a back fire in good 
faith, to extinguish a fire then burning. 



GAME, FISH, AND FORESTRY LAWS. 331 

Section 1006. Every steam and electric railroad 
company, owning or operating lines of railroad with- 
in the State, which shall neglect or refuse to put 
into effect such reasonable regulations for the pre- 
vention of forest fire as may be deemed necessary 
by the chief forest fire-warden and approved by the 
Public Service Commission, shall forfeit and pay to 
the Commonwealth of Pennsylvania, for each neglect 
or refusal, the sum of one hundred dollars, to be re 
covered by an action of assumpsit, instituted in the 
name of the Commonwealth by the Attorney General 
in the court of common pleas of Dauphin County, 
which court is hereby clothed with execlusive juris- 
diction throughout the Commonwealth to hear and 
determine such actions. 

Every day's continuance in refusal to comply with 
such regulations, after a notice from the chief forest 
fire-warden and the lapse of a reasonable length of 
time for compliance therewith, which time shall be 
fixed in the notice, shall be a separate and distinct 
offense. 

Section 1007. Disposition of Fines. — Moneys re- 
ceived from the payment of fines shall be paid to the 
treasurer of the county in which suit is brought, for 
the use of the county, except as otherwise provided in 
this act. 



ARTICLE XI. 



Section 1101. When, in the judgment of the Com- 
missioner of Forestry, he deems it necessary for gen- 
eral forest protection that causes or agencies injur- 
ious to trees and forests, other than fire, be investi- 
gated, reported upon, or abated, he is hereby author- 
ized to assign to the Bureau of Forest Protection 
persons competent for such work. The salaries of 
sucJi persons, so assigned, shall be fixed by the Com- 
missioner of Forestry, and shall in no case exceed the 
ordinary and usual amount paid for such services. 
Salaries and expenses shall be paid out of the general 
forest protection appropriation. 
• 



332 



GAME, FISH, AND FORESTRY LAW S. 



ARTICLE XI L 

Section 1201. This act shall tnkc ilTcoi June first. 
Olio thousand nine hundred and iiltocu, or, if a^)- 
proved subsequent to that date, upon date of approv- 
al. All appropriations for foiosts fire protection 
which shall be made at the legislative session of one 
thousand nine hundred and fifteen shall be deemed to 
have been appropriated for general forest protection, 
and shall be expended for that purpose by the De- 
partment of Forestry. 

ARTICLE XIII. 

Repeal. 

Section 1301. All acts or parts of a.ts inconsist- 
ent with or supplied by this act are repealed. 

Approved— The 3d of June, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



1915, V. L 
815. 



P(!partiiiont 
of Forestry. 

Co-opera- 
tive agree- 
ments for 
the preven- 
tion and sup- 
pression of 
forest flres. 



AN ACT 

To permit the Department of Forestry to enter into 
co-operative agreements with county, township, mu- 
nicipal, and private agencies for the prevention and 
suppression of forest fires, and providing a method 
of payment of the expenses arising thereunder. 

Section 1. Be it enacted, &c., That the Depart- 
ment of Forestry is authorized to enter into agree- 
ments for the prevention and suppression of forest 
fires with county, township, municipal, and private 
agencies owning or controlling woodlots, forests, or 
wild lands, or whose activities in whole or in part are 
directed toward the prevention and suppression of 
forest fires. The department is authorized to expend 
from its general forest fire apr>ropriation, for such 
protective and preventive purposes as it deems effec- 
tive, a sum of money equal in amount to the Amount 
which shall be expended by such egencies in accord- 
ance with such agreements. All expenditures must 
first be presented to the Department of Forestry in 



GAME, FISH, AND FORESTRY LAWS. 



333 



monthly statements, in form and manner prescribed Monthly 
for the payment of any sum from the forest fire ap- statenionis. 
propriation. "l^hc Commissioner of Forestry shall . ,,^ 
audit the same and transmit them to the Auditor "* 
General, who shall then draw his warrant for one- wi(riimit>. 
half of the amount of expenditures approved by the 
Commissioner of Forestry, 

Section 2. That every county, township, munici- Annual 
pal, or private agenoy working under agreement with '^^p^'^'*- 
the department, in accordance with this act, shall 
render to the department, at the end of each calendar 
year, a report setting forth a complete itemized state- 
ment of expenditures made with a view to the pre- 
vention and suppression of forest fires, and stating 
such other information as the department may re- 
quest. The financial statement and facts relating 
thereto shall be accompanied by an affidavit sub- 
scribed to by the person authorized to make the re- 
port. • > 

Section 3. All acts and parts of acts inconsistent Repeal, 
with or supplied by this act are repealed. 

Approved— The 4th day of June, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



AN ACT 

Empowering the Department of Forestry to grant -jj,^- j, ^ 

rights of way through the State forests. sis!' 

SoetioB 1. Be it enacted, &c.. That the Depart- BepartmcMt 

merit of Forestry is hereby empowered to grant rights •^ Forestry, 

of \\:\y through State forests to individuals or cor- (;,.j,,^^ ^f 

porjitions who may apply therefor, when it shall ap- ris'uts «t 

pear to the department that the grant of a right of way through 

way will not so adversely affect the land as to inter- ^^**'^«^ forests, 
fere with its usual and orderly administration, and 
when it shall appear that the interests of the Com- 
monwealth or of its citizens will be promoted by such 
grant. 

Section 2. A right of way, under this act, is here- "itj^ht »f 

by construed to include a passage, haulage, flowage, way*^' de- 

or transmission for any lawful purpose. fined. 



884 

Repeal. 



GAME, PISH, AND FORESTRY LAWS. 

Section 3. All acts or parts of acts inconsistent 
with or supplied by this act are repealed. 

Approved — The 4th day of June, A. D. 1915. 

MARTIN O. BRUMBAUGH. 






I'. L. 



Departmeut. 
of Forestry. 

Purchase of 
surface 
rignts to 
land. 

Outstanding 
rights. 



Repeal, 



AN ACT 

Authorizing the Departmeut of Forestry to purchase 
surface rights to lauds, for use as State forests. 

Section 1, Be it enacted, &c., That the Depart- 
ment of Forestry is hereby authorized to purchase 
and receive conveyance of surface rights to any lands 
within this Commonwealth, for forestry purposes, 
and to hold such lands as State forests. 

Section 2. Where the title to any such land is sub- 
ject to outstanding rights conveying waters, minerals, 
oil, gas, or other valuable deposits, or any privileges 
or reservations whatsoever, the Department of For- 
estry may, in its discretion, accept conveyance of the 
surface rights to such lands, where the administra- 
tion of scientific and practical forestry will not be 
interf erred with or made impossible by such outstand- 
ing rights, privileges, or reservations. 

Section 3. All acts or parts of acts inconsistent 
with this act are hereby repealed. 

Approved— The 8th day of May, A. D. 1917. 

MARTIN G. BRUMBAUGLT. 



GAME, FISH, AND FORESTRY LAWS. 



335 



AN ACT 

Permitting the Department of Forestry to lease for 
agricultural purposes small areas of land which, 
from time to time, it may acquire in the purchase 
of lands for State forests, and which areas shall 
he determined to be more useful for the growing of 
agricultural crops than for forests-trees. 

Section 1. Be it enacted, &c,, That, whenever the 
Department of Forestry shall acquire lands for State 
forest purposes, included in which in the judgment of 
the Department there may bo small areas better 
suited for ordinary agriculture than for the growing 
of forest-trees, the Department may execute leases for 
such agricultural land to those who will plant it in 
ordinary agricultural crops and cultivate it, at such 
rate of rental as shall be equitable, and under such 
conditions as the Department may deem necessary 
and useful, for the purpose of bringing into a state of 
food-plant production such areas as are normally bet- 
tor suited for agriculture than for other purposes. 

Section 2. All leases for such agricultural areas 
shall be for a term not exceeding tenyears, and may 
be terminated earlier by mutual agreement of the par- 
ties. At the expiration of the term, a renewal of the 
lease may be made for a like term, or a lesser period, 
upon the same or such new conditions as may be 
mutually satisfactory. 

Section 3. If rrt^re than one person shall apply for 
the same tract, the lease shall be advertised for sale 
in three local county papers, if there be so many, 
once a week for three weeks, and may then be award- 
ed to the highest responsible bidder, if said bid is 
satisfactory in amount to the Department of For- 
est rv. 

Section 4. At the termination of any such lease 
the lesseee shall have the privilege of removing from 
tlie land buildings and fences which may have been 
placed there at his own expense, or the same may be 
purchased by the lessor, as a part of the permanent 
improvement of the tract, upon such terms as may be 
just and mutually satisfactory to the parties. 



19i7, r. L. 
7Sl. 



DepartiiK'nt 
of Forestry. 



Leasing of 
small areas 
of land for 
asrirultu re- 



Term of 
leases. 



Renewals. 



Advertise- 
ment of sale 
of leases. 



Removal <if 
buildings and 
fences. 



336 



GAME, FISH, AND FORESTRY LAWS. 



Certaiu lauds 
not to bo 
leased. 



Section 5. Where such land must necessarily hv 
retained in cultivation for Department purposes, or 
for the use of Department employes, the Department 
may, in its judgment, decline to receive bids and exe- 
cute leases for such tracts. 

Approved— The 11th day of July, A. D. 1917. 

MARTIN G. BRUMBAUGH. 



state school 
fund. 



How p(»ns1i- 
tuted. 



Proviso. 



Control and 
manage- 
ment. 



Separate 
acc«n«t. 



SECTIONS OF THE SCHOOL CODE RELATING 
TO FORESTS AND FORESTRY, AS AMEND- 
ED BY ACT OF JUNE 4, 1915, P. L. 825. 

Section 2701. The receipts and proceeds derived 
in any way from, or on account of, the forest reser- 
vations, now or hereafter acquired by this Common- 
wealth, together with all water-powers and water- 
rights belonging to this Commonwealth in the 
streams, rivers, lakes, or other waters of this Com- 
monwealth, and all real estate owned by this Com- 
monwealth which is not used for State or other pub- 
lic purposes, all escheated estates in this Common- 
wealth, and all other property or money which shall 
in any way accrue to such fund, whether by Act of 
Assembly, devise, gift, or otherwise, shall belong to 
and constitute a fund, to be known and designated as 
"The State School Fund of Pennsylvania," which is 
to be maintained as herein provided : Provided, how- 
ever. That the forest reservations shall continue to be 
wholly under the control of the State Forest Reser- 
vation Commission, as now provided by law. 

Section 2702, All real and personal property be- 
longing to the State School fund shall be wholly 
under the control and management of the State Board 
of Education. All receipts derived in any way from, 
or on account of, the State forest reservations, or 
from, or on account of, any real or personal property 
belonging to the State school fund, and all other 
moneys accruing to said fund, shall always be prompt- 
ly paid to the State Treasurer, and kept by him in a 
separate account, subject to the disposal of the State 
Board of Education as herein provided ; and the State 
Treasurer shall deposit said funds in the properly 
authorized depositories for State funds, and shall 



GAME, FISH, AND FORESTRY LAWS. 



337 



nikl to .such funds the interest received from the de- 
positories for the use of the same. All income de- income, 
rived from any investments of the State school fund 
shall be paid to the State Treasurer, and kept de- 
posited as herein provided in a separate account, sub- 
ject to the order of the State Board of Education. 
The State Treasurer and his bondsmen shall be re- 
sponsible for the safe-keeping of, and accounting for, 
said funds, in the same manner and under the same 
penalties as for the safe-keeping of, and accounting 
for, the other funds of this Commonwealth. 

Approved — The 4th day of June, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



AN ACT 

r?'o\iding a fixed charge on lands acquired by the '^or. 18, 1919 
State to be held as State forests, and the distribu- ^' '^ 
tion of the same for county purposes within the 
counties where State forests are located. 



Section 1. Be it enacted, &e.. That from and after 
the passage of this act, all lands now acquired or 
lioreafter to be acquired by the Commonwealth for 
State forests, shall be subject to an annual charge 
of one cent per acre for the bonetit of the counties in 
which said State forc^sts are located. 

Section 2. The Commissioner of Forestry shall 
certify the respective areas in the counties to the 
State Treasurer, and the State Treasurer shall pay 
the amount of the charge in favor of each county in 
the same manner as the fixed charges upon State 
forests for road and scliool purposes are now certified 
and paid. 

Section 3. All acts or parts of acts inconsistent 
herewith be, and the same are hereby, repealed. 

Approved— The 18th day of April, A. D. 1919. 

WM. C. SPROUL. 



.^tate forest!. 

Charge 
tliereon. 

For county 
pui-poses. 

Kftum by 
Commis- 
sioner of 
Forestry. 

Payment by 
State Treas- 
urer. 

Repeal. 



22 



338 



GAME, FISH, AND FORESTKY LAWS. 



AN ACT 



July 7th, 1919 
W L. 723. 



Departments 
of Forestry 
and Conserva 
lion. 

Land for 
forestry pur- 
pose. 



Eminent 
domain. 



Riglii of ontrj 



Tetition to 
(.•curt. 

.Vppointment 
of viewers. 

Time of vie-w 



Notice of 
liearing. 



Swearing of 
viewers. 



Hearing. 



Providing for the condemnation by the Common- 
wealth of lands suitable and desirable for forestry 
purposes, and defining the powers and duties of 
the Department of Forestry or the Department of 
Conservation in relation thereto. 

Section 1. Be it enacted, &c.. That whenever the 
State Forestry Reservation Commission or the Com- 
mission of Conservation desires to acquire land suit- 
able and desirable for forestry purposes for the use 
and benefit of the State as forestry lands, and a price 
for such lands cannot be agreed upon with the own- 
er or owners thereof, or where such owner or owners 
cannot be found, in all such cases the Department of 
Forestry or the Department of Conservation is au- 
thorized to acquire the said lands by condemnation. 

Section 2. The Commissioner of Forestry or the 
Commissioner of Conservation, on behalf of the Com- 
monwealth, may enter upon any of such lands and 
take possession thereof. Thereupon the commissioner 
of forestry or the commissioner of conservation, 
through the Attorney General, or any of the owners, 
if known, may apply to the court of common pleas of 
the county wherein such lands are located for the ap- 
pointment of viewers. The court shall appoint three 
viewers, and shall appoint a time, not less than 
twenty nor more than thirty days after the presen- 
tation of such petition, when the viewers shall meet 
upon the lands and view the same and all improve- 
ments in connection therewith. 

Section 3. The viewers shall give at least ten days 
notice of their first meeting to the Commissioner of 
Forestry or the Commissioner of Conservation, and 
to the Attorney General, and to the owners of such 
land, if known. If the owners of such lands are un- 
known, notice shall be given in at least two news- 
papers in such manner as the court may direct. The 
viewers, having been sworn or affirmed faithfully, 
justly, and impartially to decide and a true report to 
make, concerning all matters to be submitted to them 
in relation to which they are authorized to inquire, 
and having viewed the lands and premises, shall hear 



GAME, PISH, AND FORESTRY LAWS. 



339 



the parties and their witnesses, and shall estimate 
and determine the value of the property so taken. 
Where the owner of such lands and premises is un- 
known, the viewers shall estimate and determine the 
value of the land and improvements upon the testi- 
mony of the witnesses for the Commonwealth and 
any witnesses called by the viewers. 

Section 4. The. viewers shall prepare their report 
and shall give at least ten days written notice of a 
time and place where they will meet and exhibit their 
report and hear all exceptions thereto. If any own- 
ers of said lands are unknown, notice shall be given 
in two newspapers in the same manner as the notice 
of their first meeting was given. 

Section 5. After making whatever changes are 
necessary, the viewers shall report to court, show- 
ing the damages allowed, and, if* necessary, shall also 
file a plan showing the property taken. In all cases 
where the owners are known, the report shall also 
state to whom the damages are payable. In cases 
where the owners of the property are not known, 
that fact shall be clearly stated in the report. 

Section 6. When the report is filed, notice thereof 
shall immediately be given to the Commissioner of 
Forestry or the Commissioner of Conservation, the 
Attorney General and the owners of the land where 
known, which notice shall state that, unless excep- 
tions bo filed thereto within thirty days after the fil- 
ing of the report, tlie same will be confirmed abso- 
lutely. Where any owners of such lands are un- 
known, notice shall be given in at least two news- 
papers in such manner as the court shall direct. 

Section 7. Within thirty days after the filing of 
any report, the Commonwealth, or the owners of such 
lands, may file exceptions to the same, and the court 
shall confirm, modify, or change such report, or refer 
the same back to the same or new viewers. 

Section 8. When the report is filed, the prothono- 
tary shall mark it "confirmed nisi." In case no ex- 
ceptions are filed thereto within the time herein spec- 
ified, the court shall make a decree that the report is 
confiremd absolutely, which degree shall be entered 
by the prothonotary. 

Section 9. Within thirty days after any report of 
viewers is filed under this act, the Commonwealth or 
the owners of such land may appeal to the court of 
common pleas and demand a trial by jury. Within 



Eslimuliiiii of 
dam ages. 



Hoariiij; uf 
objections to 
report by 
viewers. 



Notice. 



Report to 
court. 



Notice of fil- 
ing: of If'pdl ( . 



Exceptions. 



Confiiniii t i<iii 
niisi. 

Absolute 
contirnijitidii. 



Jiuy trial. 



'MO GAME, FISH, AND FORESTRY LAWS. 

six mouths after a coufirmatiou absolute od cxceji- 
tioiis, or witliin six months after a verdict and final 
judgment on appeal for a jury trial., the Commissioii- 
Aii[Kai tc (sr of Forestry or the Commissioner of Conservation 

stijjieiuo (u or the owners of such laud may appeal to the Su- 
rour""' prerae or to tlie Superior court, as in other cases. 

Payment of Section K). When the amount payable to the own- 

damages er of such land has been finally determined, the same 

aw.irded. shall be paid by the Commissioner of Forestry or the 

Commissioner of Conservation from the appropria- 
tions that may be made for such purposes ; all costs 
in connection with any such procedings shall be paid 
by the^ Commonwealth. 
Where land Section 11. When the owners of such lands are 

uv,ncis are unknown, the Commissioner of Forestry or the Com- 
iiiiiuio'*\n. missioner of Conservation may enter upon and ap- 

propriate the land for the use of tiie State as herein 
provided. In all cases where the owners of lands 
are unknown, and the report of viewers has been fin- 
ally confirmed, the Commonwealth sliall be liable for 
all damages awarded therein. If at any time after 
the final confirmation of the report of viewers any 
person appears and proves title to said lands, such 
persons shall be entitled to, and receive from the 
Commonwealth, the sum so awarded by the viewers. 
Any such claimant of the land may petition the court 
of common pleas of the county wherein the land is 
h)cated, giving a brief outline of the facts upon whicli 
the claim is based. Thereupon the court shall direct 
an issue to be framed, wherein the claimant shall ap- 
pear as plaintiff and the Commonwealth of Pennsyl- 
vania as defendant. Such issue shall be tried accord- 
ing to the rules of procedure and evidence governing 
trials in ejectment, with a right of appeal by either 
party to the proper appellate court. If the final 
judgment on such issue is in favor of the plaintiff, 
tlie sum awarded by the report as finally confirmed 
shall be paid by the Commonwealth to said claimant. 
Tiie party to the action against whom the judgment 
is entered shall be liable for the costs as provided by 
law in other civil actions. 



GAME, FISH, AND FORESTRY LAWS. 341 

Section 12. The Department of Forestry or the control ana 

Department of Conservation of the Commonwealth supcrvisioji of 

shall have the control and supei*visiou of all such lands ac- 

lands acquired under the provisions of this act. AH ^""'^'^ ■ 

income and revenue derived from said lands shall be income and 

expended, in the same manner, and for the same pur- revenue, 
poses, as provided by law for the expenditure of the 
income from the state forests. 

Approved— The 7th day of July A. D. 1910. 

WM. 0. SPROUL. 



842 GAME, FISH. AND FORESTRY LAWS. 



RULES FOR THE GOVERNMENT OF STATE FORESTS. 



1. The ijcoplo of Peunsylvania are invited to avail themselves 
freely of the use of the State Forests as outing grouiids for gen- 
eral recreation and educational purposes, subject to these rules 
and the statutes of the Commonwealth. 

2. Living trees must not be cut down or injured in any man- 
ner except as may be specially permitted by the Commissioner 
of Forestry. 

3. Springs and streams must not be contaminated. 

4. Birds' nests must not be destroyed or in any other manner 
interfered with. 

5. Lighted matches, cigars, cigarettes, or hot ashes from pipes 
must not be thrown upon the ground. In every case they must 
be allowed to burn out or be otherwise extinguished. 

6. The grazing of horses, cattle, sheep, and hogs within State 
Forests is prohibited, except under direction of the Commissioner 
of Forestry. 

7. The placing of advertisements within the State Forests is 
pi'ohibited. 

8. No poison shall be set in a State Forest within one mile of 
any human habitation ; and when set shall be indicated by a con- 
spicuous warning notice that may easily be read by persons ap- 
proaching the locality. 

9. All persons who desire to enjoy the privileges of a State 
Forest, remaining for a time less than a day, and not over night, 
are not regarded as campers and will not be required to procure 
camping permits, but will be governed in all other respects by 
these rules. All necessary fires shall be made in strict accord 
with these rules. 

10. All persons who desire to camp within a State Forest must 
first apply to the Commissioner of Forestry. A blank form of 
application upon which is printed a copy of the rules for the 
government of campers will be forwarded to the applicant, who 
must sign and return it to the Commissioner. If in proper form, 
in the absence of other objections, a permit will be granted for 
a period of three weeks. 

il. No person will be permitted to erect a camp who has not 
))romised in writing to obey the camping rules and has not re- 
ceived a camping permit. Every camping party, before selecting 
a camp site or pitching a camp, must report to a forest officer, 
who will assign a suitable site within the region where it is 
desired to locate. 



GAME, FISH, AND FORESTRY LAWS. 343 

.12. Open cnmp fires must not be made, except in a hole or pit 
encircle*]^ by the earth taken out. All other fires are prohibited 
except thoRc in a building or tent, or those contained in a proper 
and safe fire-holding receptacle. 

13. Open camp fires must be extinguished before the last mem- 
ber of the party leaves the locality. All fires must be carefully 
guarded at night. 

14. Dead and down timber may be used for camp fires, and 
may be procured under the direction of a forest officer. 

15. Every person receiving a camping permit is required to 
report to the Commissioner of Forestry any violation of law or of 
the rules for the government of State Forests, coming under his 
observation. 

16. Permanent camps may be established only in accordance 
with the law permitting them and the spoeial rules adopted by the 
Department for their regulation and control. 

17. Persons who violate the law or these rules may be denied 
future privileges within the State Forests. 

18. Forest ofiicers are required to remove immediately from 
State Forests all persons who violate the law or these rules. 

19. Forest officers, without first procuring a warrant, are vested 
by law with power to arrest on view all persons detected by them 
in the act of trespassing upon forest or timber lands within the 
Commonwealth, under such circumstances as to warrant the reas- 
onable suspicion that such persons have committed, are com- 
mitting, or are about to commit an offense against the laws now 
enacted or hereafter to be enacted for the protection of forest and 
timber lands. They are likewise vested with similar powers to 
arrest in case of a violation of these rules. 

COMMISSIONER OF FORESTRY. 
Revised and adopted Sept. 7, 1917. 



;^44 GAME, FISH, AND FOKESTRY IvAVVS. 



RULES FOR THE GOVERNMENT OF PERINIANENT CAMT' 

LEASEHOLDS. 



1. The tract leased shall not be used by the lessee to conduct 
a business of any character, nor for the sale of commodities, ex- 
cept where the Department shall deem such business necessary 
for the convenience and accommodation of the community and 
then only after the making of a proper application to the De- 
partment for special permission to conduct the same, provided the 
Department approve the application and direct that the lessee may 
conduct such business. 

2. The lessee shall devote tlie tract leased to the primary pur- 
pose described in the Act of Assembly, and shall not use the same 
nor permit any other person to use the same or to devote such 
tract to a use which may bring discredit and unfavorable public 
criticism upon the Department. Of the propriety of use the De- 
partment is hereby made the sole judge. 

3. The lessee must prevent the pollution of springs and streams 
which may be upon the leased tract or nearby within the State 
Forest, or on private land, and must keep and maintain the leased 
area in a sanitary and sightly condition and comply with all the 
health inspection laws of the Commonwealth of Pennsylvania. 

4. The lessee and all other persons who may be entitled to par- 
ticipate in the use of said tract or may be invited as guests to 
participate with the lessee in the use of the premises, must respect 
and obey all laws now made or which hereafter may be made re- 
lating to forest, fish, and game. The careless use of fire upon 
said tract or in any buildings which may be thereon erected, an«l 
the_ wanton discharge of fire arms therein or thereon, are pro- 
hibited. Fire must not be permitted to run from the leased area 
out into the forest, and all chimneys on any buildings which may 
be erected thereon shall be so constructed as to minimize the 
danger of forest fires from sparks issuing therefrom. The building 
of bonfires is forbidden. The use of fire works and the sending 
up of rockets and fire or toy balloons is prohibited. Burning 
matches or hot ashes from pipes must not be thrown about in a 
careless manner or among inflammable material. 

5. Tlie right of ingress to and egress from the leased area and 
the privilege to enter thereon at all times and as often as may 
be desirable on the part of the lessee or by those authorized by 
him, for all proper purposes, is hereby assured to the lessee. 



GAME, FISH, AND FORESTRY LAWS. 845 

6. The gathering of flowers from the wild herbaceous plants 
of the goods to be used for ordinary decorative purposes is not 
objectionable, but should be exercised by the lessee and those 
occupying the premises with him in such moderation that wild 
plants may not become extinct in the neighborhood. The destruc- 
tion of growing trees or ornamental shrubbery or any injury there- 
to is prohibited, except the same be done with the permission of 
the Department. 

7. The Department reserves the right to fix the location of any 
building which the lessee may desire to erect upon the leased area, 
and to determine the minimum value of such building. All plans 
and specifications for the erection of buildings shall, at the call 
of the Department, be submitted for criticism and inspection and 
be accompanied by a certificate of the architect or builder, as to 
the minimum cost of such building. 

8. Should the lessee desire simply to erect tents and tent floors 
instead of building a more permanent kind of structure, the same 
shall be deemed to come within the purview of the act and within 
the authority granted by this lease. 

9. Every lessee shall have the privilege of using, at an agreed 
price, dead and down wood from the nearby State Forest, w^hich 
wood is to be used by him only for fire and fuel purposes, and to 
be procured by him only after permission has ben given by an 
officer of the Department. 

10. Whenever violations of the laws of the Commonwealth or 
of the rules of the Department relating to the use of the State 
Forests shall come to the notice of the lessee, he hereby agrees 
to give information of the same to the Department. The lessee 
likewise agrees to abide by all the rules now made for the govern- 
ment of the State Forests or which may be adopted in the future. 

11. The lessee may make application for a renewal of this 
lease by filing with the Department an application in writing 
three (3) months prior to the expiration of the term for which it 
granted; but tlie Department will exercise its discretion 
whether or not the lease shall be renewed ; and if renewed, 
whether on the same or upon different terms : and if in the judg- 
ment of the Department it be deemed necessary or expedient that 
a renewal of the lease be refused nothing therein contained shall 
be construed to limit the right of the Department so to do. No 
assignment of this lease, nor subletting of premises, shall be made 
by the lessee to any third person, except the same shall first be 
approved by the Department. 

12. Should the lessee violate any of the conditions contained in 
this lease or any of the general laws of the Commonwealth or the 
rales of the Department for the government of the State Forest, 
the Department may upon proper proof thereof rescind and vacate 
this lease and require the lessee to remove at once from the leased 



346 GAME, FISH, AND FORESTRY LAWS. 

land; and all buildings or other structures thereon erected by the 
lessee shall become the property of the Commonwealth if the lessee 
shall not within a reasonable time, to be fixed by the Department, 
remove the same therefrom ; but in every such case the Depart- 
ment will receive the application of the lessee or of a third person 
for the approval of an assignment of the lease to a third person 
for the remainder of the term and of the sale of any buildings on 
the leased area by the lessee to the intended assignee of the lease. 

13. For the sake of the protection of the State Forest as well 
as for the protection of any buildings which may be erected upon 
the leased land, the lessee is required to assist in the extinguish- 
ing of all forest fires wliich may originate within a reasonable 
distance of the leased land, and to use all reasonable means to 
discover where and how the fire originated and report such dis- 
coveries to the Department, provided, however, that at the time of 
the fire the lessee be present occupying the leased premises. 

14. The Department reserves the right to inspect the leased 
premises at all times, in order to determine whether this lease 
is being fully complied with. 

15. The forester representing the Department on the reserve 
wherein the leased premises are situate, shall be supplied with a 
duplicate key to every cottage or other building erected on the 
leased land, as aforesaid, in order that in the absence of the lessee 
or his family and guests the premises may be inspected from time 
to time to see that they remain in good order and condition and 
should the forester or any of his emplyes at any time be overtaken 
by storm or other cause making it necessary that they be accorded 
shelter while on that part of the reserve wherein the leased prem- 
ises are situate, the privilege to use said cottage or other building 
erected thereon for such emergency purposes is reserved to the 
Department ; it being understood and agreed that such use will be 
temporary and will be_exercised only in case of emergency, and of 
which the forester shall be the sole judge. 

16. Under the direction of the Department the lessee may at 
his own expense repair old roads or construct new ones to the site 
of the leased premises so as to make the locality more accessible. 
He may likewise at his own expense and under the same direction 
erect telephone lines to connect his cottage or other buildings with 
other lines in the neighborhood, and for this purpose the Depart- 
ment will furnish the necessary poles provided they may be con- 
veniently had in the locality where the line is to be built ; but the 
cutting, removal, and planting of the same and the stringing of the 
wires thereon must be done by the lessee and at his own expense 
The Department shall have the use of all such telephones on the 
leased premises and without charge, except in case of a toll or a 
long distance call. 



GAME, FISH, AND FORESTRY LAWS. 347 

17. The hitching of horses to trees on the leased area is pro- 
hibited. For hitching purposes the lessee is requested to plant 
proper posts or otherwise provide for this need. 

18. Under the direction of the Department it will be the duty 
of the lessee to clear the leased premises of decayed wood, briars, 
weeds, or other growth of worthless stuff, and of such trees as are 
not required for "nurse" trees, and to keep the premises in a con- 
dition to prevent, so far as possible, any spread of or invasion by 
fire. 

19. The Department being desirous of promoting the use of the 
State Forests for general recreation and outing purposes, it will 
at all times be open to receive suggestions from the lessee with 
respect to such use of the lands, and will from time to time tender 
to the lessee and his family and guests such other assistance not 
herein specifically enumerated as will be proper for the Depart- 
ment to render, in order to promote the purposes for which the 
Act of Assembly was enacted, as well as the comfort and con- 
venience of the lessee. 



348 GAME, PISH. AND FORESTRY I^A\A^S. 



FACTS RELATING TO PENNSYLVANIA STATE FORESTS 

Because of the value of forests of the Commonwealth, the State 
authorized the purchase of mountain lands in 1897, for the es- 
tablishment of State Forests. 

The area of State Forests to date is 1,041,491 acres, located in 
the following 27 counties : Adams, Bedford, Cameron, Centre, 
Clearfield, Clinton, Cumberland, Dauphin, Elk, Franklin, Fulton, 
Huntingdon, Jefferson, Juniata, Lackawana, Lycoming, Mifflin, 
Monroe, Perry, Pike, Potter, Snyder, Somerset, Tioga, Union, 
Westmoreland, and Wyoming. 

The cost of this vast domain is $2,375,110.55, or an average of 
$2.28 per acre. 

The State Forest Academy was established in 1903 to train 
young men in practical forestry, to care for the State Forests. 
One hundred and one foresters have been graduated from this in- 
stitution. 

The Department of Forestry now employes fifty-eight foresters 
and ninety-two rangers. Sixty-one members of the Department 
entered military service during the great German War. 

Over 5,500 miles of roads, trails, fire lanes and boundary lines 
have bsen built, opened, or repaired. Over 300 miles of telephone 
lines have beeen built. More than 130 fire observation towers, 
liave been constructed, but because of insufficient funds only nine 
of them are of steel. 

One hundred and fifty-four buildings have been erected for the 
housing of foresters, rangers, and equipment. 

Twelve hundred springs have been cleaned, walled, and made 
accessible. 

A million fish have been planted in State Forest streams. 

Three thousand five hundred hand boards have been posted for 
guidance to hunters, campers, and other visitors to the State 
Forests. 

More than 250 improvement cuttings have been made on the 
State Forests. 

Four large tree nurseries and twenty small ones are in opera- 
tion with a combined capacity of over 10,000,000 trees a year. 

Forest tree seedlings for reforesting are given to private in- 
dividuals without charge. Over 5,500,000 trees have been given 
away in the last two years. 

Over 34,000,000 forest tree seedlings have been planted on about 
21,000 acres of the State Forests. 

Mineral deposits are being developed as needed. 



GAME, FISH, AND FORESTRY LAWS. 340 

The sale of material from the State Forests has yielded over 
$185,000, which has been set aside for "The State School Fund of 
Pennsylvania." All future receipts from State Forests will be 
placed in the School Fund. 

The first Commissioner of Forestry established the first State 
tuberculosis sanitorium on the Mont Alto Forest. It is now one 
of the largest in America. 

Eighteen out of 24 Game Preserves are established on State 
Forests. 

Campers, hunters, rind fishermen are invited upon State land. 
Camping permits are issueii free of charge. 

Camp sites may be leased at a nominal price for a period of ten 
years. 

State Forests afford employment where work is scarce. 

A demand for the raw products of State Forests is being de- 
veloped and partially met. 

Cities, boroughs, and villages, with a total population of over 
a quarter of a million draw their water supplies directly or in- 
directly from water sheds in State Forests. 

The flow and purity of streams, which head within them, are 
regulated and conserved. 

Road districts and school districts receive in lieu of taxes two 
cents per acre for State land situate within them. 

Counties receive one cent per acre for county purposes. 

The total cost of State forestry work, excluding land purchases, 
amounts to about $2.25 per acre for the area now owned. 

The State Forests represent an asset of at least $12,000,000 and 
their benefits will multiply in geometrical ratio as the Legislature 
permits a business-like development. 
June 1, 1919. 




(35(0) 



INDEX TO FORESTRY LAWS 



A. 

Page. 
Acts, certain, prohibited in forest or timber land, ..265-267-289-302-306-328 

Academy, Forest 283 

Advertisement by Coxmty Commissioners, 269 

Agricultural areas in State forests may be leased, 335 

Annual charge on land for schools, road and county, 284-301-337 

Annual charge on land under Auxiliary Forestry Reserve Act 312-315 

Appeal 266-290-292-293-297-314-340 

Appication for permit to camp, 342 

Appalachian Reserve, may be established in Pennsylvania 303 

Appointment of Commissioner of Forestry, 274 

Appointment of Forest Wardens, 274-281-316 

Appointment of fire officers 321-324-325 

Appointment of detectives 278-278 

Appraisers, 168-297-313-338 

Arrest 272-281-327-343 

Arrest, warrant for, 281 

Arrest, without warrant 272-281-327-343 

Assessment and taxation under Forestry Reserve Act, 312 

Assessors, duties of, 268 

Assistance In extinguishing fire, compelling, 327 

Attorneys may be employed 276-278 

Auditor General, certain duties of, 273-276-278-301-329 

Auxiliary forest reserve 308-312-315 



Bond, State Forestiy Commissioner 277 

Boundary trees, removal of 266 

Borough officers, powers of, 279-286 

Boroughs, right to impound water 285 

Boroughs, right to establish forests, 295 

Bureau of Forest Protection 321 

Bureau of Forest Protection, powers and duties of 321 

C. 

Camp on State lands, rules 342-344 

Cattle, pasturing of, rules 342 

City forests may be established, 295 

CommiasioD, State Forest, 274 

CommlssionerB, County, certain duties of 269-273-309-312-317 

Commissioner of Forestry, appointment of, 274 

Commonwealth authorized to purchase lands for taxes, 209-*17 

Compensation of Are wardens, , 823-825-826 

OrttnpulimiT BartatnTipe It» <octlnjrut<»hlng fire 897 



<«R1 > 



352 INDEX. 

Page. 

eondemiiatioa oJt lauds by Department of Forestrj 338 

Condemnation by United States, 303 

Constables, powers and duties of, 27.2 

Convictions before court 266-280-290-294-302-306-307-329-330-331 

Convictions before justice 265-294-305 

Co-operative agreements for preventing Are 332 

County, charge on land for, 337 

Coimty Commissioners, duties of, 269-273-309-312-317 

County Commissioners to offer lands to Department, 317 

County Treasurer, duties of 269 

Coxmty may forfeit State aid 278 

Cutting or mutilating growing timber, 266-302-306-342 

Cutting timber trees by tenants in common, 269 

Cutting of timber under Forest Reserve Act 275 

Cutting of timber under Auxiliary Forest Reserve Act 310-312 

D. 

Damage double and treble 206-207 

Damagt^ to trees by electric light or telephone companies, 268 

Damage hy cutting or Injuring timber without ovvTier's consent, 302-306 

Debris must be removed from oil or gas well lands 290 

Defacing signs or posters on State lands, 302 

Department of Forestry, 274-316 

Detectives may be appointed by Department of Forestry, 276-278 

Detectives shall be appointed by County Commissioners, 273 

District Fire Wardenn 324 

Di-strict Foresters, 316 

B. 

Electric lipht companies, liability of, for damage to trees 268 

Eminent domain 338 

Employes of the Commissioners of Forestry, powers on State lands, . . 281 

Bx-officio fire wardens, 326 

Estrepement, Aviit of 267 

Examination of lands under auxiliary forestry reserve act 309 

Expenses of extinguishing fires, how paid 329 

F. 

Failure to care for trees under auxiliarv resei-ve act 310 

Fines 266-273-278-280-289-290-291-294-302-303-305-306-307-329 

Fire starting on one's ovm land, or land of another 265-290-328 

Fire not to be lighted on woodlands or marshes, 265-290-306 

Fire not to be kindled on forest reserves, 302-343-344 

Fire Warden, Chief Forest 321 

Fire warden, ex-olTicio 326 

Fire warden duties and powers of 321-322-32.S-S24-325-326-327 

Fire warden, penalties for failing in duty 829 

Fires, extinguishing of, 290-291-321-325-827-328 

Fires, co-operative agreements respecting 332 

Firing the woods, penalties for 290-281-306 

Foresters, district, 316 

Forest CoromiBEflon, 274 

Forests, municipal, may be establlsbied 2W 

Forest ofllCBra, dntleu or, ?T4 27 fi 27 0-277 381-8 1 i-Kai-M*^ 835 

PorMl- rsnATYMi. vxaKipt rrom ^wvailua 'i79 



INDEX. 353 

Page. 

Korest itB&fJe, fixed charges on, 284-301-337 

Forest reserve, right of -way through, 333 

Forest reserre, waters on 285 

Forest ofl&cers, duties extended, 320 

l-'orest protection code, 321 

Forest academy 283 

Fruit trees along roadside 305 

G. 

Gas well lands, preventing fire on, 289 

Governor, duties of, In certain cases, 48-274-276 

H. 

Harvesting of timber under Auxiliary Forest Resei ve Act 312 

Harvesting timber under general forest act, 275 

Highways bordering on or within reserves, 277-282 

Highways, trees along, protection of 279-280-305 

Hindering a forest officer 330 



Injury to or mutilation of trees, 2S0-302-M05-306-342 

Intentional firing of forests 290-291-308 



Jurisdiction of constables, 272 

Justice of the Peace, 265-294-305 

K. 

Kindling fires on State reserves 302-343-344 

Kindling fires one one's own land, or on lands of another, 265-290-328 

Land, power of Forest Commission to purchase, 269-274-334 

Land, County Commissioners to offer 317 

Land to be under control of Department of Foresti-y, 269-274-334 

Land of the State exempt from taxation, 276 

Land liable to fixed chaise, 284-301-312-315-337 

Land, title to vacant, 297 

Land in fo»^st reserves under charge of Commissioner of Forestrj-^ 274 

Land, not pubject to warrant or survey, 276 

Land, purcaase price enlarged 320 

Landmarlcs, 266 

Lease of agricultural areas In State forests, 335 

Leases, permanent camping, c 308 

Liability, personal, of fire warden to pay costs of extinguisliing fires, . . 327 
Lien under Auxiliary Forestry Reserve Act .313-314 



Magistrate, duties of 205 aoo 304 305 

liarketiiiir of timber under Forestry »rMrr« A^t 818 

IfaxliBiiiii prlo* to b« paid f»r ln*4l ,._..,.- »9<' 

3t 



:J54 INDEX. 

Page. 

Minerals on State lands, 276 

Minerals under Auxiliary Forestry Reserve Act, 312 

Misdemeanor, 266-290-294-302-306-307-329-330-331 

Mimicipal forests may be established, 295 

Municipalities, right to impound water, 285 

Mutilation of growing timber 280-302-305-306-342 

Mutilation of posters or signs 302 

N. 

National Forest Reserve, 303 

Navigable rivers, warrants for beds of 299 

Notice, trespass, (See Index to Game Laws). 

Notice to State Forest Commission, to classify lands, 309 

O. 

Office of the Commissioner of Forestry, 276 

Officers refusing or neglecting to do their duty 329 

Oil well lands, precautions to prevent fire on 289 

Owners in common, rights of, 267 

Owners, no compensation for extinguishing fire on own lands, 328 

Owners, rights of, under Auxiliary Forest Reserve Act 308-312-315 

P. 

Pasturing of cattle 342 

Penalty for refusing assistance in extinguishing fire, 329 

Permanent leases for Camping, 308 

Permit to camp, 342 

Persons assisting in extinguishing fire shall be paid 328 

Pipe line, (See Sight-of-Way). 

Powers of the Commissioner of Forestry, .274-275-276-278-281-285-316-321-338 

Powers of forest officers 274-275-276-277-281-317-321-324-325 

President of Forest Commission, ' 275 

Protection of the State forests 275-281-302-3(]r6-321 

Pro'tection of trees and woodlands, 308 

Public roads in or along forests 277-282 

Purchase of land by the Commonwealth 269-274-317-320-334-337 

Purchase of land, money for, how paid, 283 

R. 

Railroad companies, duties respecting fire 291-328 

Record to be kept of lands purchased by the Conmiissiouer of Forestry, , 271 

Redemption of land, 271 

Refusing, officers, to do their duty, 329 

Removing or destroying land marks, 266 

Replanting 310 

Reserve, fixed charges on, 284-301-312-315-337 

Revenue for school, road, and county purposes, 284-303 -337 

Rights-of-way through State forests, 333 

Rights of owners under Aaxiliary Forestiy Reserve Act 308-312-315 

Rivers, navigable, warrants for beds of 290 

Roads in township where forests are located 277-282 

Roadg In forerts, 277 

Rules of Forest Commission, power to make 274 

Iftnles for goremment of Stat? Foreiti, 342 

Rtitet. ptmfaliTawt for tloliiiine . h03 



INDEX^ 355 

S. 

Page. 

Sale of lands under Auxiliary Forestry Reserve Act ♦. , . 311 

Schools, fixed charges for 284-301 

Schools, tax for, under Auxiliary Forestry Reserve Act 312 

School of Forestry, 283 

Scientific investigations 274 

Seedling trees, growth and distribution of 319 

Setting fire to woodlands, 290-291-308 

Shade trees, planting of, by boroughs, cities and townships, 286 

Shade trees along roadsides 305 

Spark arresters, engines to be provided with, 291 

State Forest Academy, 283 

State Forests, public roads on, 277-282 

State forests, subject to fixed charge 284-301-337 

State forests not subject to taxation, 276 

State forests, purchase of surface rights for, 334 

State school fund, 336 

State Treasurer, duties of, 273-283 

Street railways in forests 282 

Surface rights, purchase of, * : 334 



Tax iinder Forest Reserve Act, * 312 

Telegraph or telephone companies, liability of, r 268 

Tearing or mutilating posters or signs on State lands, .ja. 302 

Tenants in common, rights of, jfw. . . v 266-267 

Timber cutting without owner's consent, ^' • Mf ■ 280-302-305-306 

Timber land to be returned separately for assessment, . <0^ 268 

Timber, title to, not to pass under certain conditions, . . .-. 267-306 

Timber from State reserves may be sold by Commission, 275 

Timber, under Auxiliary Reserve Act 310 

Title of land to vest in Commonwealth, 271-276-338 

Township forests may be established 295^ 

Tree seedlings, growth and distribution of 319 

Trees, damage of 280-302-305-306-342 

Trees, boroughs may require planting of, 279 

Trees growing along roadside, 280-292-305 

Trees, malicious removal or destruction of 260-302-306-342 

Trees, planting of, by Shade Tree Commission, • 288 

Trees and Woodlands, protection of 308 



TJ. 

United States may establish reserves in Pennsylvania, 363 

Unseated land, 26* 



V. 

Vacant land, title to, ^ 397 

Viewers to appraise vacant land, ....*. 2W* 

Viowers to appraise damage, 268-297-313-388 



356 INDEX. 

X 

w. 

Page. 

Wanton or wilful starting of forest fires, 290-291-306-330 

Wardens, Fire, duties and powers of 321-322-328-324-325-326-327 

Wardens or forest officers, duties and powers of, ....274-275-276-277-281-317- 

321-324-325 

Warrants of arrest, 281 

Warrants for trespass, fSee Index to Game Laws). 

Wilful or careless destruction or mutilation of trees and timber, . .280-302- 

305-306-342 

Writ, of estrepement, how obtained 267 

Woodlands, protection of, 306 



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